People v. Alston
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of robbery in the first degree (Penal Law § 160.15 [4]). We agree with defendant that the record fails to establish that his waiver of the right to appeal was knowing and voluntary (see generally People v Lopez, 6 NY3d 248, 256 [2006]). We conclude that the single reference by Supreme Court to the signed written waiver, i.e., whether defendant understood what he had signed, is not sufficient to establish that defendant understood that he was waiving a right that otherwise would have survived the guilty plea…
2Cases cited7 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. ChippNew York Court of Appeals · 1990
- People v. ElmerNew York Court of Appeals · 2012
- People v. AdgerAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WestonAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by10 opinions
- People v. CurrasAppellate Division of the Supreme Court of the State of New York · 2013
- People v. SnellAppellate Division of the Supreme Court of the State of New York · 2014
- JOHNSON, MICHAEL H., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
- People v. CurrasAppellate Division of the Supreme Court of the State of New York · 2013
- People v. HoffmanAppellate Division of the Supreme Court of the State of New York · 2018
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