People v. Adams

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted forgery in the second degree (Penal Law §§ 110.00, 170.10 [2]). We agree with defendant that he did not validly waive his right to appeal. The record establishes that Supreme Court (John J. Brunetti, A.J.) failed to “ ‘engage[ ] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice’ ” (People v Brown, 296 AD2d 860 [2002], lv denied 98 NY2d 767 [2002]; see People v Matthews, 24 AD3d 1306 [2005], lv denied 6 NY3d 850 [2006]). In…