Majority
p. 957The People of the State of New York, Respondent, v Raymond B. Mitchell, Appellant. [711 NYS2d 814]
—Judgment unanimously affirmed. Memorandum: The waiver by defendant of the right to appeal as part of his plea of guilty encompasses his contention concerning the severity of the sentence (see, People v Lococo, 92 NY2d 825 , 827). The waiver also encompasses the contention of defendant in his pro se supplemental brief that he was denied the right to testify before the Grand Jury (see, People v Allred, 270 AD2d 926 ; People v Lynch, 256 AD2d 651 , Iv denied 93 NY2d 1004 ; People v Nesbett, 255 AD2d 950 ). (Appeal from Judgment of Niagara County Court, Fricano, J.— Attempted Robbery, 1st Degree.) Present — Pine, J. P., Hayes, Wisner, Scudder and Kehoe, JJ.
Cases cited
- People v. Lococo 92 NY2d 825 at 827 p. 957
- People v. Nesbett 255 AD2d 950 p. 957