PEOPLE v. SPEARS

510 KA 10-01775.

106 A.D.3d 1534 (2013)

964 N.Y.S.2d 452

2013 NY Slip Op 3256

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KELVIN SPEARS, Appellant.

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

May 3, 2013.


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 sexual abuse in the second degree (Penal Law § 130.60 [2]). We agree with defendant that Supreme Court's "single reference to [the] right to appeal is insufficient to establish that the court engage[d] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was...

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