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ONCE WAIVED, THERE'S NO TURNING BACK

ploygraph_nyreblog_com_.pngIn People v. Collins , Keith Collins was charged with sexual abuse in the first degree and endangering the welfare of a child, and, during a polygraph test admitted to "engaging in sexual contact with an eight-year old girl."

Collins later pled guilty to the sexual abuse charges, signed a document waiving his right to appeal from "any and all" case related aspects, and was sentenced to 4 years in prison and 3 years of post-release supervision.

On appeal, Collins argued that the waiver wasn't valid because the trial court didn't ensure he understood the consequences of his decision.

The Appellate Division, Third Department, was of the opinion Collins effected a "knowing and intelligent waiver." During the plea process, and at sentencing, Collins repeatedly acknowledged he was relinquishing rights and appreciated the "consequences of the waiver." As a result, his challenge was "foreclosed."

You try redeeming that.

j0236296.gifTo download a copy of the Appellate Division's decision, please use this link: People v. Collins

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