PEOPLE v. PEDRO

1162 KA 14-00507.

134 A.D.3d 1396 (2015)

21 N.Y.S.3d 653

2015 NY Slip Op 09456

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VERNON W. PEDRO, Appellant.

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

Decided December 23, 2015.


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

Memorandum: Defendant appeals from the judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]). We agree with defendant that his waiver of the right to appeal was invalid because, based on County Court's statements at the time of the plea, "defendant may have erroneously believed that the right...

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