PEOPLE v. FERNANDEZ

2017-03250. Ind. No. 2115/13.

168 A.D.3d 973 (2019)

90 N.Y.S.3d 548

2019 NY Slip Op 00459

The People of the State of New York, Respondent, v. Edwin Fernandez, Appellant.

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

Decided January 23, 2019.


Ordered that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid and does not preclude review of his excessive sentence claim. The Supreme Court's terse colloquy failed to advise the defendant of the nature of the right to appeal and to ensure that the defendant grasped the concept of the appeal waiver and the nature of the right he was forgoing (see People v Bradshaw, 18 N.Y.3d 257

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