People v. Pergolizzi

Judgment unanimously reversed on the law, plea vacated and matter remitted to Supreme Court for further proceedings on the indictment. Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]). We agree with defendant that her purported waiver of the right to appeal was ineffective. Such a waiver was never mentioned during the plea colloquy and thus was not part of the plea bargain, and at sentencing Supreme Court mentioned only that defendant would be signing a waiver of the…