PEOPLE v. BRAITHWAITE

2798, 6270/08

73 A.D.3d 656 (2010)

901 N.Y.S.2d 269

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DIRK BRAITHWAITE, Appellant.

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

Decided May 27, 2010.


We perceive no basis for reducing the sentence. However, defendant's purported waiver of his right to appeal was invalid. At the plea proceeding, defendant agreed to plead guilty to the three charges contained in the indictment in exchange for the promised sentence. After defendant acknowledged the various trial rights he was giving up by pleading guilty, the court stated: "You also give up your right to appeal. Had you gone to trial in this case and been convicted, you could...

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