People v. Roach

Adjudication affirmed. Memorandum: The record does not support a finding that there was a voluntary and knowing waiver by defendant of his right to appeal (cf. People v Williams, 43 AD2d 884, affd 36 NY2d 829, cert den 423 US 873). While upon taking a plea of guilty to assault second degree in satisfaction of a two-count indictment charging sodomy first degree, and assault, second degree, the court fully explored the nature and consequences of defendant’s plea; the court made no reference to the waiver of his right to appeal. Nowhere in the record does it appear that the 18-year-old defendant…