PEOPLE v. BIASELLI

1280 KA 18-01034.

179 A.D.3d 1533 (2020)

119 N.Y.S.3d 345

2020 NY Slip Op 00778

The People of the State of New York, Respondent, v. Joshua D. Biaselli, Appellant.

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

Decided January 31, 2020.


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 driving while intoxicated, as a class E felony (Vehicle and Traffic Law §§ 1192[3]; 1193[1][c][i][A]). Although we agree with defendant "that the written waiver of the right to appeal does not establish a valid waiver because [County] Court `did not inquire of defendant whether he understood...

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