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People v. Batten

209 A.D.2d 1012 Court N.Y. App. Div. Decision date 1994-11-16 English

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p. 1012
The People of the State of New York, Respondent, v Cary Batten, Appellant.
[619 NYS2d 992]

—Judgment unanimously affirmed. Memorandum: The record demonstrates that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Saunders, 190 AD2d 1092 , lv denied 81 NY2d 1019 ). Moreover, defendant specifically waived his right to appeal the denial of his suppression motion (see, People v Williams, 36 NY2d 829 , 830, cert denied 423 US 873 ). Finally, the contention that defendant was denied effective assistance of counsel at the Massiah hearing (see, Massiah v United States, 377 US 201 ) is without merit (see, People v Rivera, 71 NY2d 705 , 708-709; People v Baldi, 54 NY2d 137 , 146-147). (Appeal from Judgment of Oswego County Court, Auser, J.—Murder, 2nd Degree.) Present— Green, J. P., Fallon, Wesley, Doerr and Boehm, JJ.

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