PEOPLE v. KEMP


255 A.D.2d 397 (1998)

681 N.Y.S.2d 41

The People of the State of New York, Respondent, v. Barry Kemp, Appellant

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

November 9, 1998


Ordered that the judgment is affirmed.

Contrary to the People's contention, the record fails to reveal that the defendant knowingly, voluntarily, and intelligently waived his right to appeal. The trial court included a general waiver of the right to appeal among a litany of constitutional rights waived by a plea of guilty and failed to engage the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice ...

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