People v. Moyett

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted to that Court for consideration of the excessive sentencing issue.

Defendant’s purported waiver of appeal during the plea colloquy was invalid because the court advised defendant that “by pleading guilty you give up your right to appeal the conviction.” Based on this statement, defendant may have erroneously believed that the right to appeal is automatically extinguished upon entry of a guilty plea (see People v Billingslea, 6 NY3d 248, 257 [2006]). Under these circumstances, and absent…