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PEOPLE v. ALEXANDER

No. 80.

19 N.Y.3d 203 (2012)

2012 NY Slip Op 3475

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HANS ALEXANDER, Appellant.

Court of Appeals of New York.

Decided May 3, 2012.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City ( Jonathan M. Kirshbaum and Robert S. Dean of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Megan R. Roberts , Thomas R. Villecco , Joseph N. Ferdenzi and Stanley R. Kaplan of counsel), for respondent.

Judges GRAFFEO, SMITH and PIGOTT concur with Judge READ; Judge CIPARICK dissents and votes to reverse in a separate opinion in which Chief Judge LIPPMAN and Judge JONES concur.

OPINION OF THE COURT

READ, J.

Before defendant Hans Alexander pleaded guilty, the trial judge observed to defense counsel that she would accept the plea "on the condition" that defendant withdraw any and all outstanding motions, which included a recently filed pro se constitutional speedy trial motion, and waive the right to appeal. During allocution, the judge twice asked defendant if he "under[stood]" that by...

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