PEOPLE v. HOOVER


37 A.D.3d 298 (2007)

830 N.Y.S.2d 115

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHERESE HOOVER, Appellant.

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

Decided February 20, 2007.


The waiver of defendant's right to appeal, upon which the People rely, consisting of the answer "yes" to the question, "You are also waiving your right to appeal this plea and sentence. Do you understand all of that?" is invalid and unenforceable. For a purported waiver to be effective, the record "must establish that the defendant understood that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty" (People v Lopez...

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