PEOPLE v. PLATEL

2018-11694. Ind. No. 1112/18.

187 A.D.3d 1216 (2020)

131 N.Y.S.3d 583

2020 NY Slip Op 06150

The People of the State of New York, Respondent, v. Jeff Platel, Appellant.

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

Decided October 28, 2020.


Ordered that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v Thomas, 34 N.Y.3d 545, 563-566 [2019]). The Supreme Court mischaracterized the nature of the waiver by stating, inter alia, that the waiver meant that the defendant's "case wouldn't go to a higher Court," and that "no higher Court will review this case in any manner" (see id. at 563-566). Where, as here, "a trial court has utterly...

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