PEOPLE v. MALLARD

911 KA 15-02162.

151 A.D.3d 1957 (2017)

57 N.Y.S.3d 861

2017 NY Slip Op 05376

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY L. MALLARD, JR., Also Known as LIL LARRY, Appellant.

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

Decided June 30, 2017.


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 manslaughter in the first degree (Penal Law § 125.20 [1]). We agree with defendant that his "`waiver of his right to appeal was invalid because [County Court] conflated the appeal waiver with the rights automatically waived by the guilty plea'" (

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