PEOPLE v. PERGOLIZZI


281 A.D.2d 958 (2001)

722 N.Y.S.2d 849

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHELE PERGOLIZZI, Appellant.

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

Decided March 21, 2001.


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...

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