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PEOPLE v. OLIVIER

48 A.D.3d 486 (2008)

849 N.Y.S.2d 790

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GESSLEY OLIVIER, Appellant.

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

Decided February 5, 2008.

Ordered that the judgment is affirmed.

Contrary to the People's contention, the defendant's waiver of his right to appeal was ineffective, as there is no indication in the record "that defendant understood the distinction between the right to appeal and other trial rights forfeited incident to a guilty plea" (People v Moyett, 7 N.Y.3d 892, 893 [2006]; see People v Lopez, 6 N.Y.3d 248

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