People v. Ross
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*878Contrary to the People’s contention, the record does not support the conclusion that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, since there is no indication that the defendant “understood the distinction between the right to appeal and other trial rights forfeited incident to [his] guilty pleats]” (People v Moyett, 7 NY3d 892, 893 [2006]; see People v Lopez, 6 NY3d 248, 257 [2006]; People v Jacob, 94 AD3d 1142, 1143-1144 [2012]).
However, the transcripts of the plea proceedings amply demonstrate that the defendant’s pleas of guilty were knowingly,…
2Cases cited16 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. LopezNew York Court of Appeals · 2006
- People v. FiumefreddoNew York Court of Appeals · 1993
- People v. MaxwellAppellate Division of the Supreme Court of the State of New York · 2011
- People v. BrownNew York Court of Appeals · 1978
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