PEOPLE v. WASYL

425 KA 19-00815.

186 A.D.3d 1071 (2020)

127 N.Y.S.3d 357

2020 NY Slip Op 04675

The People of the State of New York, Respondent, v. Robert Wasyl, Appellant.

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

Decided August 20, 2020.


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

Memorandum: Defendant appeals from a judgment convicting him, upon his guilty plea, of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25[2]). We agree with defendant that his waiver of the right to appeal is invalid. County Court mischaracterized the nature of the right that defendant was being asked to cede by portraying the waiver as an absolute bar to defendant...

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