PEOPLE v. FRANCISCO

8796, 2196/15.

171 A.D.3d 536 (2019)

97 N.Y.S.3d 118

2019 NY Slip Op 02821

The People of the State of New York, Respondent, v. Henry Francisco, Appellant.

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

Decided April 16, 2019.


We find that the waiver of the right to appeal that defendant executed at the time of his guilty plea was ineffective to waive review of his suppression claim. Here, defendant pleaded guilty after receiving an adverse ruling at a suppression hearing. During the plea allocution, the court informed defendant that, by pleading guilty, he was waiving his right to "contest any search or seizure." This statement was incorrect in the posture of this case because, by pleading guilty...

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