People v. Bastien

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Módica, J.), rendered July 25, 2012, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, on the law and in the exercise of discretion, the defendant’s plea of guilty is vacated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith.

The defendant’s appeal waiver does not encompass his contention, which arose after he waived his right to appeal, that his…