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People v. Jones

284 A.D.2d 1010 Court N.Y. App. Div. Decision date 2001-06-08 English

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p. 1010
The People of the State of New York, Respondent, v Provard R. Jones, Appellant.
[726 NYS2d 893]

—Judgment unanimously affirmed. Memorandum: The record establishes that, as part of his negotiated guilty plea, defendant knowingly, intelligently and voluntarily waived his right to appeal. He therefore is precluded from raising nonconstitutional, non-jurisdictional challenges to the manner in which his case was presented to the Grand Jury (see, People v Hansen, 95 NY2d 227 , 230-232; People v Seymour, 282 AD2d 871 ; People v Robertson, 279 AD2d 711 ; People v Mitchell, 274 AD2d 957 , lv denied 95 NY2d 891 ; People v Allred, 270 AD2d 926 , lv denied 95 NY2d 863 ; People v Lynch, 256 AD2d 651 , lv denied 93 NY2d 1004 ). In any event, defendant’s contentions are lacking in merit. (Appeal from Judgment of Supreme Court, Jefferson County, Brunetti, J. — Murder, 2nd Degree.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Kehoe and Burns, JJ.

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