You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

People v. Berry

Citations: 235 A.D.2d 485; 652 N.Y.S.2d 997; 1997 N.Y. App. Div. LEXIS 356

Court: Appellate Division of the Supreme Court of the State of New York; January 20, 1997; New York; State Appellate Court

Narrative Opinion Summary

The defendant's appeal from a judgment of the Supreme Court, Kings County, which convicted him of manslaughter in the first degree following a guilty plea, has been affirmed. The court found that the defendant knowingly, intentionally, and voluntarily waived his right to appellate review of prior proceedings in the case as part of his plea agreement. This waiver included the denial of his motions to suppress evidence, specifically a firearm and identification evidence. Citing precedent cases, the court ruled that appellate review of these suppression issues is not available due to this waiver. The decision was supported by Justices Miller, Santucci, Joy, and Krausman.

Legal Issues Addressed

Effect of Waiver on Suppression Motions

Application: The waiver of appellate rights precluded the defendant from challenging the denial of his motions to suppress evidence, such as a firearm and identification evidence.

Reasoning: This waiver included the denial of his motions to suppress evidence, specifically a firearm and identification evidence.

Precedential Support for Waiver Enforceability

Application: The court relied on precedent cases to support its ruling that the waiver of appellate review of suppression issues was enforceable.

Reasoning: Citing precedent cases, the court ruled that appellate review of these suppression issues is not available due to this waiver.

Waiver of Appellate Rights in Plea Agreements

Application: The defendant voluntarily waived his right to appellate review of prior proceedings, including suppression motions, as part of his guilty plea agreement.

Reasoning: The court found that the defendant knowingly, intentionally, and voluntarily waived his right to appellate review of prior proceedings in the case as part of his plea agreement.