People v. Nason

Crew III, J.P. (concurring).

On constraint of the holding in People v Lopez (6 NY3d 248 [2006]), I respectfully disagree with the majority’s conclusion that defendant waived his right to appeal. In Lopez, the Court of Appeals held that “[t]he record must establish that the defendant understood that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty” (id. at 256). As pointed out by *820the majority, here, at the commencement of the plea proceedings, County Court recited the terms of the plea agreement and the prosecutor added that defendant…