People v. Moissett, 564 N.E.2d 653 (N.Y. 1990). · Go Syfert
People v. Moissett, 564 N.E.2d 653 (N.Y. 1990). Cases Citing This Book View Copy Cite
301 citation events (164 in the last 25 years) across 5 distinct courts.
Strongest positive: Steele v. Filion (nywd, 2005-04-20)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (quoted) Steele v. Filion (3×)
W.D.N.Y. · 2005 · signal: see, e.g. · quote attribution · 3 verbatim quotes · confidence low
we have consistently held that trial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea in which defendant waives a plethora of rights.
discussed Cited as authority (rule) The People v. Victor Thomas , The People v. Nicole L. Green , The People v. Storm U. Lang (2×) also: Cited "see"
NY · 2019 · confidence medium
In the thirty years since Seaberg, we have consistently emphasized that trial courts need not engage in any particular litany in order to obtain a valid waiver of appellate rights (see People v Johnson, 14 NY3d 483, 486 [2010]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Nixon, 21 NY2d 338, 353-354 [1967]).
discussed Cited as authority (rule) People v. Babagana
N.Y. App. Div. · 2019 · confidence medium
Supreme Court was " not required to engage in any particular litany' in order to obtain a valid waiver of the right to appeal" ( People v Tantao , 41 AD3d 1274, 1275 [4th Dept 2007], quoting People v Moissett , 76 NY2d 909, 910 [1990]), and the waiver "is not invalid on the ground that the court did not specifically inform defendant that his general waiver of the right to appeal encompassed the court's suppression ruling[]" ( id. , citing People v Kemp , 94 NY2d 831, 833 [1999]).
discussed Cited as authority (rule) People v. Artwell (Odeshia)
N.Y. App. Term. · 2019 · confidence medium
While "trial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea" ( People v Moissett , 76 NY2d 909, 910 [1990]), the Court of Appeals has made it absolutely clear "that due process requires a trial court to warn a defendant that, if the defendant is not a citizen of this country, the defendant may be deported as a result of a guilty plea" ( Peque , 22 NY3d at 197 ).
discussed Cited as authority (rule) People v. Tucker
N.Y. App. Div. · 2019 · confidence medium
In any event, defendant's contention is without merit. "[T]rial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea in which defendant waives a plethora of rights" ( People v Moissett , 76 NY2d 909, 910-911 [1990]; see People v Sougou , 26 NY3d 1052, 1054-1055 [2015]).
discussed Cited as authority (rule) People v. Moore
N.Y. App. Div. · 2018 · confidence medium
County Court "was not required to engage in any particular litany' in order to obtain a valid waiver of the right to appeal" ( Tantao , 41 AD3d at 1274-1275 , quoting People v Moissett , 76 NY2d 909, 910 [1990]).
discussed Cited as authority (rule) People v. Rowe
N.Y. App. Div. · 2018 · confidence medium
Nothing that defendant was told after his plea, erroneous or otherwise, could have infected or influenced his prior decision to plead guilty (see People v Moissett, 76 NY2d 909, 912 [1990]; People v McKeon, 78 AD3d 1617, 1617 [4th Dept 2010], lv denied 16 NY3d 799 [2011]).
discussed Cited as authority (rule) Jimerson v. State of New York
N.Y. App. Div. · 2018 · confidence medium
County Court "was not required to engage in any particular litany' in order to obtain a valid waiver of the right to appeal" (Tantao, 41 AD3d at 1274-1275 , quoting People v Moissett, 76 NY2d 909, 910 [1990]).
discussed Cited as authority (rule) People v. Alvarado
N.Y. App. Div. · 2016 · confidence medium
Moreover, the County Court did not improvidently exercise its discretion in denying the defendant’s motion to withdraw his guilty plea on other grounds, as the record indicates that the defendant’s acceptance of the plea offer was an informed choice, freely made among valid alternatives, and that he entered his plea of guilty knowingly, voluntarily, and intelligently (see generally People v Tyrell, 22 NY3d 359, 365 [2013]; People v Haffiz, 19 NY3d 883, 884 [2012]; People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Moissett, 76 NY2d 909, 911 [1990]).
discussed Cited as authority (rule) People v. Murphy
N.Y. App. Div. · 2016 · confidence medium
Here, contrary to the defendant’s contention, the record establishes that she voluntarily, intelligently, and knowingly pleaded guilty after having been sufficiently advised of the rights she would be giving up by pleading guilty (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d at 16 ; People v Nixon, 21 NY2d 338 [1967]).
discussed Cited as authority (rule) People v. Corbin
N.Y. App. Div. · 2014 · confidence medium
Rather, no particular litany by the court was required (see People v Bradshaw, 18 NY3d 257, 265 [2011]; People v Moissett, 76 NY2d 909, 910-911 [1990]), and the waiver herein clearly covered all aspects of the case (see People v Callahan, 80 NY2d 273, 280 [1992]), including the challenged suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]).
discussed Cited as authority (rule) People v. Young
N.Y. App. Div. · 2013 · confidence medium
Thereafter, at the time of sentencing, defendant stated that he did not understand that he had given up his right to appeal, but upon review of the record we are satisfied that a valid waiver had been made (see People v Moissett, 76 NY2d 909, 912 [1990]; People v Shurock, 83 AD3d 1342, 1342-1343 [2011]; People v Deere, 8 AD3d 763, 763-764 [2004], lv denied 3 NY3d 673 [2004]).
discussed Cited as authority (rule) People v. Young
N.Y. App. Div. · 2013 · confidence medium
Thereafter, at the time of sentencing, defendant stated that he did not understand that he had given up his right to appeal, but upon review of the record we are satisfied that a valid waiver had been made (see People v Moissett, 76 NY2d 909, 912 [1990]; People v Shurock, 83 AD3d 1342, 1342-1343 [2011]; People v Deere, 8 AD3d 763, 763-764 [2004], lv denied 3 NY3d 673 [2004]).
discussed Cited as authority (rule) People v. Ballard
N.Y. App. Div. · 2013 · confidence medium
In any event, contrary to the defendant’s contention, the record establishes that the defendant’s plea of guilty was voluntarily, intelligently, and knowingly entered (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d 9, 16 [1983]; People v Nixon, 21 NY2d 338 [1967]).
discussed Cited as authority (rule) People v. Ballard
N.Y. App. Div. · 2013 · confidence medium
In any event, contrary to the defendant’s contention, the record establishes that the defendant’s plea of guilty was voluntarily, intelligently, and knowingly entered (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d 9, 16 [1983]; People v Nixon, 21 NY2d 338 [1967]).
discussed Cited as authority (rule) People v. Worden
NY · 2013 · confidence medium
While “trial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea” (People v Moissett, 76 NY2d 909, 910 [1990]; see also People v Goldstein, 12 NY3d 295, 301 [2009]), “where a defendant’s factual recitation negates an essential element of the crime pleaded to, the court may not accept the plea without making further inquiry to ensure that defendant understands the nature of the charge and that the plea is intelligently entered” (Lopez, 71 NY2d at 666 , citing People v Beasley, 25 NY2d 483 [1969], and People v Serrano, …
discussed Cited as authority (rule) People v. Peque
NY · 2013 · confidence medium
As this Court has repeatedly held, “trial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea” (People v Moissett, 76 NY2d 909, 910 [1990]).
discussed Cited as authority (rule) People v. Stone
N.Y. App. Div. · 2013 · confidence medium
Defendant, in open court, then signed a written document, which included a waiver of the right to appeal “all issues and matters” and expressly provided that he was “giv[ing] up [his] right to claim that the police did anything illegal ... or that any evidence obtained against [him] was done so illegally.” While County Court’s suppression decision was not explicitly referenced in the appeal waiver, which is “the better practice” (People v Kemp, 94 NY2d at 833 ), no “particular litany” was required by the court during its thorough allocution (People v Moissett, 76 NY2d 909, 91…
discussed Cited as authority (rule) People v. Stone
N.Y. App. Div. · 2013 · confidence medium
Defendant, in open court, then signed a written document, which included a waiver of the right to appeal “all issues and matters” and expressly provided that he was “giv[ing] up [his] right to claim that the police did anything illegal ... or that any evidence obtained against [him] was done so illegally.” While County Court’s suppression decision was not explicitly referenced in the appeal waiver, which is “the better practice” (People v Kemp, 94 NY2d at 833 ), no “particular litany” was required by the court during its thorough allocution (People v Moissett, 76 NY2d 909, 91…
discussed Cited as authority (rule) People v. Slingerland
N.Y. App. Div. · 2012 · confidence medium
Our review of the record confirms that defendant’s plea and appeal waiver were knowingly, voluntarily and intelligently entered (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Callahan, 80 NY2d 273, 280 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]).
discussed Cited as authority (rule) People v. Slingerland
N.Y. App. Div. · 2012 · confidence medium
Our review of the record confirms that defendant’s plea and appeal waiver were knowingly, voluntarily and intelligently entered (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Callahan, 80 NY2d 273, 280 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]).
discussed Cited as authority (rule) People v. Young
N.Y. App. Div. · 2012 · confidence medium
The fact that the defendant was advised of his right to appeal at the end of the sentencing proceeding did not vitiate his valid waiver of that right (see People v Moissett, 76 NY2d 909, 912 [1990]; People v Crews, 92 AD3d 795 [2012]; People v Brown, 26 AD3d 340, 341 [2006]; People v Manzullo, 14 AD3d 717 [2005]).
discussed Cited as authority (rule) People v. Young
N.Y. App. Div. · 2012 · confidence medium
The fact that the defendant was advised of his right to appeal at the end of the sentencing proceeding did not vitiate his valid waiver of that right (see People v Moissett, 76 NY2d 909, 912 [1990]; People v Crews, 92 AD3d 795 [2012]; People v Brown, 26 AD3d 340, 341 [2006]; People v Manzullo, 14 AD3d 717 [2005]).
discussed Cited as authority (rule) People v. Mitchell
N.Y. App. Div. · 2012 · confidence medium
We reject defendant’s contention that the language used by County Court during the plea allocution concerning his waiver of the right to appeal was vague and did not absolutely prohibit defendant from contesting the court’s suppression rulings on appeal. “ ‘[T]rial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea in which defendant waives a plethora of rights,’ including the right to appeal” (People v Gilbert, 17 AD3d 1164, 1164 [2005], lv denied 5 NY3d 762 [2005], quoting People v Moissett, 76 NY2d 909, 910-911 …
discussed Cited as authority (rule) People v. Gonzalez
N.Y. App. Div. · 2012 · confidence medium
The defendant knowingly, voluntarily, and intelligently waived the right to appeal (see People v Lopez, 6 NY3d 248 [2006]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Seaberg, 74 NY2d 1, 11 [1989]).
discussed Cited as authority (rule) People v. Tobar
N.Y. App. Div. · 2012 · confidence medium
Contrary to the defendant’s contention, his plea of guilty was knowingly, voluntarily, and intelligently entered (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d 9, 16 [1983]; People v Nixon, 21 NY2d 338 [1967], cert denied sub nom.
discussed Cited as authority (rule) People v. Crews
N.Y. App. Div. · 2012 · confidence medium
The fact that the defendant was advised of his right to appeal at the end of the sentencing proceeding did not vitiate his valid waiver of that right (see People v Moissett, 76 NY2d 909, 912 [1990]; People v Charpentier, 44 AD3d 680 [2007]; People v Hubbard, 26 AD3d 446 [2006]; People v Manzullo, 14 AD3d 717 [2005]).
discussed Cited as authority (rule) People v. Hammonds
N.Y. App. Div. · 2012 · confidence medium
In any event, the record demonstrates that the defendant’s plea of guilty was knowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d 9, 16 [1983]; People v Nixon, 21 NY2d 338 [1967], cert denied sub nom.
discussed Cited as authority (rule) People v. Mandiville
N.Y. App. Div. · 2011 · confidence medium
Moreover, were we to reach this issue, we would find defendant’s argument to be lacking in merit. “[T]rial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea in which [the] defendant waives a plethora of rights” (People v Moissett, 76 NY2d 909, 910-911 [1990]; see People v Graham, 77 AD3d 1439 [2010], lv denied 15 NY3d 920 [2010]; People v Nickell, 49 AD3d 1024, 1025 [2008]), and due process is satisfied where the record clearly reflects that “the plea represents a voluntary and intelligent choice among alterative cour…
discussed Cited as authority (rule) People v. McKeon
N.Y. App. Div. · 2010 · confidence medium
Contrary to defendant’s contention, certain comments made by the Supreme Court Justice who sentenced defendant, despite the fact that the plea was entered in County Court, were not relevant to, nor did they invalidate, defendant’s valid waiver of the right to appeal (see generally People v Moissett, 76 NY2d 909, 912 [1990]).
discussed Cited as authority (rule) People v. Nimerofsky
N.Y. App. Div. · 2010 · confidence medium
Contrary to the defendant’s contention, his plea of guilty was knowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d 9, 16-17 [1983]; People v Nixon, 21 NY2d 338, 353 [1967], cert denied sub nom.
discussed Cited as authority (rule) People v. Decker
N.Y. App. Div. · 2010 · confidence medium
In any event, the record demonstrates that her plea of guilty was knowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d 9, 16 [1983]; People v Nixon, 21 NY2d 338 [1967], cert denied sub nom.
discussed Cited as authority (rule) People v. Kirby
N.Y. App. Div. · 2010 · confidence medium
Contrary to the defendant’s contentions, a review of the minutes of the plea proceedings clearly demonstrates that his plea of guilty was voluntarily, intelligently, and knowingly made (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d 9, 16 [1983]; People v Nixon, 21 NY2d 338 [1967], cert denied sub nom.
discussed Cited as authority (rule) People v. Graham
N.Y. App. Div. · 2010 · confidence medium
Contrary to the contention of defendant in appeal No. 2, “[t]rial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea in which defendant waives a plethora of rights,” including the right to appeal (People v Moissett, 76 NY2d 909, 910-911 [1990]).
discussed Cited as authority (rule) People v. Shell
N.Y. App. Div. · 2010 · confidence medium
In any event, the record demonstrates that his plea of guilty was knowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d 9, 16 [1983]; People v Nixon, 21 NY2d 338 [1967], cert denied sub nom.
discussed Cited as authority (rule) People v. Johnson
NY · 2010 · confidence medium
People v Moissett, 76 NY2d 909, 910-911 [1990]) and a waiver will be enforceable if the record demonstrates that the defendant “intentionally relinquished] or abandoned] a known right that would otherwise survive a guilty plea” (People v Hansen, 95 NY2d 227 , 230 n 1 [2000]).
discussed Cited as authority (rule) People v. Sumahit
N.Y. App. Div. · 2010 · confidence medium
In any event, his plea of guilty was knowingly, voluntarily, and intelligently entered (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d 9, 16 [1983]; People v Nixon, 21 NY2d 338 [1967], cert denied 393 US 1067 [1969]).
discussed Cited as authority (rule) People v. Espinal
N.Y. App. Div. · 2010 · confidence medium
Contrary to the defendant’s contention, the record demonstrates that his plea of guilty was knowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d 9, 16 [1983]; People v Nixon, 21 NY2d 338 [1967]).
discussed Cited as authority (rule) People v. Quiman
N.Y. App. Div. · 2010 · confidence medium
In any event, the defendant’s pleas of guilty were knowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d 9, 16 [1983]; People v Nixon, 21 NY2d 338 [1967]).
discussed Cited as authority (rule) People v. Collier
N.Y. App. Div. · 2010 · confidence medium
The defendant’s contention that his waiver of the right to appeal was not knowingly, voluntarily, and intelligently made is without merit (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Moissett, 76 NY2d 909, 911 [1990]).
discussed Cited as authority (rule) People v. Doyle
N.Y. App. Div. · 2009 · confidence medium
In any event, the record demonstrates that her plea of guilty was knowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d 9, 16 [1983]; People v Nixon, 21 NY2d 338 [1967], cert denied sub nom.
discussed Cited as authority (rule) People v. Verse
N.Y. App. Div. · 2009 · confidence medium
Supreme Court was “ ‘not required to engage in any particular litany’ in order to obtain a valid waiver of the right to appeal” (People v Tantao, 41 AD3d 1274, 1275 [2007], lv denied 9 NY3d 882 [2007], quoting People v Moissett, 76 NY2d 909, 910 [1990]).
discussed Cited as authority (rule) People v. Roulette
N.Y. App. Div. · 2008 · confidence medium
The colloquy in which the court accepted defendant’s guilty plea satisfied all constitutional requirements, and the plea was knowingly, intelligently and voluntarily made (see Boykin v Alabama, 395 US 238 [1969]; People v Harris, 61 NY2d 9, 16 [1983]). “[T]rial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea in which defendant waives a plethora of rights” (People v Moissett, 76 NY2d 909, 910-911 [1990]).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2008 · confidence medium
In any event, the record demonstrates that the defendant’s plea of guilty was entered knowingly, voluntarily, and intelligently (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Matos, 27 AD3d 485 [2006]).
discussed Cited as authority (rule) People v. Garner
N.Y. App. Div. · 2008 · confidence medium
“County Court was ‘not required to engage in any particular litany’ in order to obtain a valid waiver of the right to appeal” (Tantao, 41 AD3d at 1274-1275 , quoting People v Moissett, 76 NY2d 909, 910 [1990]).
cited Cited as authority (rule) People v. Jackson
N.Y. App. Div. · 2008 · confidence medium
“County Court was ‘not required to engage in any particular litany’ in order to obtain a valid waiver of the right to appeal” (id. at 1274-1275, quoting People v Moissett, 76 NY2d 909, 910 [1990]).
discussed Cited as authority (rule) People v. Legrady
N.Y. App. Div. · 2008 · confidence medium
In any event, the record demonstrates that the defendant’s pleas of guilty were entered “voluntarily, knowingly and intelligently” (People v Fiumefreddo, 82 NY2d 536, 543 [1993]; see People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990] ; People v Matos, 27 AD3d 485 [2006]).
discussed Cited as authority (rule) People v. Nickell
N.Y. App. Div. · 2008 · confidence medium
It is well settled that “ ‘trial courts are not required to engage in any particular litany during an allocution’ ” in order to obtain a valid waiver of a plethora of rights (People v Kemp, 94 NY2d 831, 833 [1999], quoting People v Moissett, 76 NY2d 909, 910-911 [1990]; see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Muniz, 91 NY2d 570, 574-575 [1998]).
discussed Cited as authority (rule) People v. Jackson
N.Y. App. Div. · 2008 · confidence medium
The court was “not required to engage in any particular litany” in order to obtain a valid waiver of the right to appeal (People v Moissett, 76 NY2d 909, 910 [1990]), which encompasses defendant’s challenge to the severity of the sentence (see People v Lococo, 92 NY2d 825, 827 [1998]).
discussed Cited as authority (rule) People v. Lassiter
N.Y. App. Div. · 2008 · confidence medium
The defendant’s contention that his waiver of the right to appeal was not knowingly, voluntarily, or intelligently made is without merit (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Moissett, 76 NY2d 909, 911 [1990]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
John M. Moissett, Jr.
New York Court of Appeals.
Oct 16, 1990.
564 N.E.2d 653
APPEARANCES OF COUNSEL, John Ferrara and Carl Silverstein for appellant., Stephen F. Lungen, District Attorney (Bonnie M. Mitzner of counsel), for respondent.
Cited by 282 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 65%
Citer courts: W.D. New York (3)

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We conclude that there is support in the record for the Appellate Division’s determination that defendant knowingly, voluntarily and intelligently waived his right to appeal and that a waiver of the right to appeal was an integral part of the negotiated plea. Significantly, defendant does not contend that the plea itself was not voluntary, knowing and intelligent. Rather, relying on People v Seaberg (74 NY2d 1), he argues that the waiver of the right to appeal was infirm because the court failed to conduct the type of inquiry discussed in Seaberg and demonstrated its own confusion, when at sentencing, the court advised defendant of his right to appeal.

We have consistently held that trial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea in which defendant waives[*911] a plethora of rights (see, People v Nixon, 21 NY2d 338, cert denied sub nom. Robinson v New York, 393 US 1067; People v Harris, 61 NY2d 9). We have required, however, that for a waiver to be enforceable, it must be voluntary, knowing and intelligent (see, People v Harris, supra; People v Rodriguez, 50 NY2d 553; People v Adams, 38 NY2d 605; People v White, 32 NY2d 393; People v Nixon, supra), and we have specifically approved waivers of the right to appeal, finding that public interest concerns underlying plea bargains generally are served by enforcing such waivers (see, People v Seaberg, 74 NY2d 1, supra).

In Seaberg, we suggested more detailed guidelines for trial courts to follow in assuring that waivers are voluntary, knowing and intelligent (id., at 11) and observed that "the terms and conditions of the agreement and the defendant’s understanding of them [should] be placed upon the record to facilitate appellate review” (id.).

The plea and waiver here was concluded prior to our decision in Seaberg and although the record does not reveal an explicit waiver by defendant of his right to appeal, there is ample evidence in the record supporting the Appellate Division’s determination that defendant understood that he was waiving that right as part of the plea bargain and that his waiver was voluntary, knowing and intelligent. The crime of which defendant was accused was particularly tragic and defendant was in grave risk of a murder conviction and life sentence. His attorney explained at great length, on the record, that he had reviewed and evaluated the strength of the People’s evidence and discussed the case at length with the defendant and defendant’s family. Defense counsel then informed the court that a determination was made to seek and accept the People’s offer of a plea to manslaughter and a shorter sentence.

Counsel made it clear that "by taking of this plea [defendant] certainly would withdraw [the pretrial] motions and * * * certainly waive any right to appeal with regard to any aspects of the case.” The court thereafter questioned defendant as to his understanding of counsel’s statements and whether he had any questions concerning the statements. The court was assured by defendant that he understood and had no questions. Finally, before accepting the guilty plea the court again asked defendant if he had any questions either of his attorney or of the court; defendant had none. Thus here, as in Seaberg, "[t]here can be little doubt that the bargain was[*912] reasonable, that defendant knew and understood the terms of it and that he willingly accepted them.” (People v Seaberg, supra, at 12.) A valid waiver of defendant’s right to appeal having been accomplished, the alleged confusion at sentencing could not operate to vitiate it.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed in a memorandum.