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PEOPLE v. WANZER

2017-11661. Ind. No. 8490/16.

178 A.D.3d 740 (2019)

111 N.Y.S.3d 205

2019 NY Slip Op 08717

The People of the State of New York, Respondent, v. George Wanzer, Appellant.

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

Decided December 4, 2019.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Allen Fallek of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Camille O'Hara Gillespie of counsel; Marielle Burnett on the memorandum), for respondent.

Rivera, J.P., Maltese, Barros, 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 was advised as to what appellate rights he was waiving (see People v Moyett,

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