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PEOPLE v. MEDLEY

KA 07-00638.

2008 NY Slip Op 06097

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRANDON MEDLEY, DEFENDANT-APPELLANT.

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (BARBARA J. DAVIES OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (J. MICHAEL MARION OF COUNSEL), FOR RESPONDENT.

PRESENT: HURLBUTT, J.P., SMITH, LUNN, GREEN, AND GORSKI, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the second degree (Penal Law § 160.10 [2] [b]). We agree with defendant that his "waiver of the right to appeal is invalid inasmuch as [Supreme Court's] minimal inquiry was insufficient . . . to ensure that the waiver of the right to appeal was a knowing and voluntary choice" (People...

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