PEOPLE v. CLARK

1132 KA 17-00976.

178 A.D.3d 1409 (2019)

112 N.Y.S.3d 628

2019 NY Slip Op 09154

The People of the State of New York, Respondent, v. Steven Clark, Appellant.

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

Decided December 20, 2019.


Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( DANIELLE WILD OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( DARIENN P. BALIN OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Centra, Peradotto, Carni and DeJoseph, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of three counts of burglary in the second degree (Penal Law § 140.25[2]). As the People correctly concede, defendant did not validly waive his right to appeal because County Court "conflated the appeal waiver with the rights automatically waived by the guilty plea ... and thus the record fails to...

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