Citation Codes Equivalent Citations citation codes Judges Eugene F. Pigott Henry J. Scudder See more information ... Smart Summary Please sign up to generate summary. PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. THOMAS L. DUNCAN, DEFENDANT-APPELLANT. Memorandum: The record establishes that defendant made a voluntary, knowing and intelligent waiver of his right to appeal ( see, People v. Hidalgo, 91 N.Y.2d 733, 736; People v. Callahan, 80 N.Y.2d 273, 280). That waiver encompasses the contention of defendant regarding the denial of his suppression motion ( see, People v. Outling, 231 A.D.2d 911, lv denied 89 N.Y.2d 945).