What is the test for waiving a defendant's individual rights?

"New York", United States of America

The following excerpt is from People v. A.L., 111 N.Y.S.3d 814, 65 Misc.3d 979 (N.Y. City Ct. 2019):

A review of the caselaw, pertaining to waiver by a defendant of certain rights, is quite informative. As was held in People v. Lopez , 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006], "A waiver of the right to appeal is effective only so long as the record demonstrates that it was made knowingly, intelligently and voluntarily (see People v. Calvi , 89 N.Y.2d 868, 871, 653 N.Y.S.2d 89, 675 N.E.2d 843 [1996]. And though a trial court need not engage in any particular litany

[65 Misc.3d 984]

when apprising a defendant pleading guilty of the individual rights abandoned, it must make certain that a defendant's understanding of the terms of a plea agreement is evident on the face of the record ( People v. Callahan , 80 N.Y.2d 273, 280, 590 N.Y.S.2d 46, 604 N.E.2d 108 [1992] ).

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