PEOPLE v. SPEARS

2014-06289, Ind. No. 4423/12.

148 A.D.3d 1059 (2017)

2017 NY Slip Op 02068

48 N.Y.S.3d 624

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

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

Decided March 22, 2017.


Ordered that the sentence is affirmed.

The defendant's waiver of his right to appeal was invalid. By informing the defendant that, in its courtroom, "everybody" who pleads guilty "waives their right to appeal," the Supreme Court improperly conflated the right to appeal with one of the rights automatically forfeited by a plea of guilty (see People v Lopez, 6 N.Y.3d 248, 256-257...

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