Court of Appeals of New York

Defendant's purported waiver of appeal during plea colloquy was invalid where the court advised defendant that "by pleading guilty you give up your right to appeal the conviction," which may have lead defendant to believe his right to appeal is automatically extinguished upon entry of guilty plea, and thus there is inadequate assurance that defendant entered into a knowing, intelligent and voluntary waiver of appeal.

Appellate Information

• Decided 11/21/2006
• Published 11/21/2006

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Court

• Court of Appeals of New York

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