PEOPLE v. CIPOLLA

736 KA 18-02274.

186 A.D.3d 1136 (2020)

127 N.Y.S.3d 368

2020 NY Slip Op 04718

The People of the State of New York, Respondent, v. Jason Cipolla, 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: On appeal from a judgment convicting him upon his plea of guilty of burglary in the third degree (Penal Law § 140.20), defendant contends that the waiver of the right to appeal is not valid. We agree. We conclude that the colloquy was insufficient to ensure that the waiver was voluntary, knowing, and intelligent, because County Court provided defendant with erroneous...

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