PEOPLE v. WALKER

2017-10764. Ind. No. 2815/16.

189 A.D.3d 1470 (2020)

134 N.Y.S.3d 726

2020 NY Slip Op 07921

The People of the State of New York, Respondent, v. Jeremiah Walker, Appellant.

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

Decided December 23, 2020.


Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Patricia Pazner of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Gamaliel Marrero of counsel; Marielle Burnett on the memorandum), for respondent.

Dillon, J.P., Chambers, Austin, Hinds-Radix and Christopher, JJ., concur.


Ordered that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid, as the Supreme Court mischaracterized the nature of the waiver by stating, inter alia, that the defendant was giving up his right to appeal his case and his right to have an attorney assigned on appeal (see People v Thomas, 34 N.Y.3d 545, 563-566 [2019]). Where, as here, "a trial court has utterly mischaracterized the nature of the right a defendant was...

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