Summary
This per curiam opinion from the New York Appellate Division, Fourth Department, affirms a County Court judgment convicting the defendant of second-degree murder following a guilty plea. The court finds that the defendant's waiver of his right to appeal was knowing, voluntary, and intelligent. As a result, the valid waiver forecloses his challenge to the trial court's suppression ruling, and the court identifies no other basis to reverse or modify the judgment.
Topics
Practice areas
Questions Presented
- Whether the defendant's waiver of the right to appeal was knowing, voluntary, and intelligent.
- Whether a valid waiver of the right to appeal forecloses a challenge to the trial court's suppression ruling.
Holdings
- The waiver was knowing, voluntary, and intelligent; therefore it was valid.
- A valid waiver of the right to appeal forecloses any challenge to the County Court's adverse suppression ruling.
Key quotations
“Contrary to defendant's contention, his waiver of the right to appeal was knowing, voluntary, and intelligent.” (at 1)
Factual background
Defendant Donald Coon pleaded guilty to second‑degree murder. He later contended that his waiver of the right to appeal was not knowing, voluntary, or intelligent, and that the waiver should not preclude his challenge to a suppression ruling.
Procedural history
The defendant pleaded guilty to second‑degree murder in Oswego County Court. He appealed, arguing that his waiver of the right to appeal was not knowing, voluntary, or intelligent.