PEOPLE v. HOFFMAN

368 KA 12-01596.

140 A.D.3d 1604 (2016)

34 N.Y.S.3d 546

2016 NY Slip Op 04508

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRELL HOFFMAN, Also Known as DURRELL, Appellant.

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

Decided June 10, 2016.


It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of gang assault in the first degree (Penal Law § 120.07). We agree with defendant that his waiver of the right to appeal is not valid (see People v

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