People v. Borden
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEgan Jr., J.
*1125Initially, we agree with defendant that his waiver of the right to appeal was invalid. Only a passing reference was made to the waiver prior to defendant pleading guilty, and at no time during the plea colloquy did County Court explain either the nature of the waiver or the separate and distinct rights being forfeited thereby (see People v Klages, 90 AD3d 1149, 1150 [2011]; People v Mosher, 79 AD3d 1272, 1273 [2010], lv denied 16 NY3d 834 [2011]; cf. People v Headspeth, 78 AD3d 1418, 1419 [2010]). Further, although defendant executed a written waiver of appeal— after his plea was accepted and…
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