People v. Bouton

Appeal from a judgment of the County Court of Broome County (Cawley, J.), entered July 15, 2010, convicting defendant upon his plea of guilty of the crime of criminal mischief in the third degree.

Defendant pleaded guilty to criminal mischief in the third degree in satisfaction of a four-count indictment and other pend*1036ing charges. Under the terms of the plea agreement, he agreed to be sentenced to four months in jail followed by five years of probation, waive his right to appeal and pay restitution. Defendant appeals.

Initially, we agree with defendant that his waiver of appeal was invalid. At…