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PEOPLE v. McDERMOTT

2014-10380, Ind. No. 1271/13.

154 A.D.3d 881 (2017)

2017 NY Slip Op 07277

62 N.Y.S.3d 278

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MERRICK McDERMOTT, Appellant.

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

Decided October 18, 2017.

Ordered that the sentence is affirmed.

Given the defendant's limited education, reported illiteracy, and lack of any prior criminal history, the Supreme Court's terse plea colloquy was not sufficient to demonstrate that the defendant's purported waiver of his right to appeal was voluntary, knowing, and intelligent (see People v Sanders, 25 N.Y.3d 337 [2015]). Moreover, the plea colloquy failed to address whether the defendant...

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