People v. McCain

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (DiFiore, J.), rendered April 28, 2003, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the People’s contention, the defendant’s purported waiver of his right to appeal was not effective. A waiver of the right to appeal will not be enforced unless it was knowingly, intelligently, and voluntarily made (see People v Seaberg, 74 NY2d 1, 11 [1989]). The bare inquiry made by the Supreme Court of the defendant regarding his…