THERE WAS “PROBABLE CAUSE” TO ISSUE ARREST WARRANT
After the New York County Supreme Court convicted DC of “criminal possession of a controlled substance in the third degree,” and sentenced him to five years’ probation, he appealed.
While the government alleged that DC had waived his right to appellate review, the Appellate Division, First Department didn’t agree. Apparently the AD1 didn’t think the court below had “adequately” explained to DC that he had a right to appeal nor confirmed that he “understood the written waiver, or that he had discussed it with counsel.” Based on those omissions, the AD1 found the waiver to be “invalid.”
In any event, on its review of the record, it ending up affirming the outcome because “there was probable cause to issue the warrant.”
Now that doesn’t seem to warrant any further discussion.
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DECISION