PEOPLE v. SHABAZZ


281 A.D.2d 973 (2001)

723 N.Y.S.2d 296

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JARED SHABAZZ, Appellant.

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

Decided March 21, 2001.


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him upon his plea of guilty of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [3]). We agree with defendant that his purported waiver of the right to appeal is invalid. At the plea proceeding, the prosecutor and defense counsel both acknowledged that a waiver of the right to appeal was not a condition of the plea agreement. We conclude, however...

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