People v. DelCarpio

The defendant claims that his adjudication as a second felony offender was illegal because the predicate offense was not a felony under New York law. Contrary to the People’s contention, the defendant’s claim is not barred by his purported waiver of the right to appeal. First, the record does not establish that the waiver was knowing, voluntary, and intelligent, because the Supreme Court failed to ensure that the defendant knew the nature of the rights being waived or the consequences of the waiver (see People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Callahan, 80 NY2d 273, 283 [1992]).…