PEOPLE v. SILMON


186 A.D.2d 1056 (1992)

The People of the State of New York, Respondent, v. Calvin Silmon, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 7, 1992


Appeal from adjudication insofar as it imposes sentence of incarceration unanimously dismissed as moot and otherwise adjudication affirmed.

Memorandum:

On appeal from an adjudication convicting him, upon a plea of guilty, of petit larceny, defendant argues that his waiver of his right to appeal was invalid. We agree that defendant's waiver of his right to appeal was not knowingly, voluntarily and intelligently made (see, People v Seaberg,

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