People v. Elioff

Appeal from a judg ment of the Onondaga County Court (Thomas J. Miller, J.), rendered March 21, 2014. The judgment convicted defendant, upon his plea of guilty, of rape in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of rape in the first degree (Penal Law § 130.35 [3]). We agree with defendant that his waiver of the right to appeal is invalid because “ ‘the minimal inquiry made by County Court [during the plea proceeding] was insufficient to establish that…