PEOPLE v. CRUZ


54 A.D.3d 962 (2008)

864 N.Y.S.2d 137

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUDY GARCIA CRUZ, Also Known as RUBEN SANTOS, Appellant.

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

September 23, 2008.


Ordered that the judgments are affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal cannot be considered knowing, voluntary, and intelligent, as the defendant was incorrectly informed, in a preprinted waiver form, that his right to appeal did not include the right to appellate review of his sentence on the ground that it was excessive (see People v Hurd, 44 A.D.3d 791, 792...

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