People v. Gheradi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*893The Supreme Court did not sufficiently advise the defendant of the ramifications of waiving his right to appeal. Further, the record does not reflect that the defendant understood the waiver or that the defendant was given the opportunity to discuss the waiver with counsel (see People v Callahan, 80 NY2d 273 [1992]; People v Lopez, 6 NY3d 248 [2006]). Accordingly, the defendant’s oral waiver of his right to appeal was not knowingly, voluntarily, and intelligently given. As such, we will address the merits of the defendant’s claims (see People v Carrion, 65 AD3d 693 [2009]).
There is no merit…
2Cases cited10 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. StultzNew York Court of Appeals · 2004
- People v. CallahanNew York Court of Appeals · 1992
- People v. ToxeyNew York Court of Appeals · 1995
- People v. SeeberNew York Court of Appeals · 2005
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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- People v. FosterAppellate Division of the Supreme Court of the State of New York · 2011
- People v. PatelAppellate Division of the Supreme Court of the State of New York · 2010
- People v. ScivoletteAppellate Division of the Supreme Court of the State of New York · 2011
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