PEOPLE v. OMARO

2018-10324, Ind. No. 219/17.

176 A.D.3d 871 (2019)

107 N.Y.S.3d 868

2019 NY Slip Op 07288

The People of the State of New York, Respondent, v. Jamal G. Omaro, Appellant.

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

Decided October 9, 2019.


Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Alice R. B. Cullina of counsel), for appellant.

Michael E. McMahon , District Attorney, Staten Island, NY ( Anne Grady of counsel), for respondent.

Rivera, J.P., Hinds-Radix, Brathwaite Nelson and Iannacci, JJ., concur.


Ordered that the sentence is affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal was invalid. The Supreme Court's statements at the plea allocution improperly suggested that the right to appeal is automatically extinguished upon the entry of a plea of guilty, and there is no indication in the record that the defendant understood the distinction between the right to appeal and other trial rights forfeited incident...

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