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PEOPLE v. SLATTERY

1040 KA 18-02431.

191 A.D.3d 1361 (2021)

137 N.Y.S.3d 775

2021 NY Slip Op 00741

The People of the State of New York, Respondent, v. Corey Slattery, Appellant.

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

Decided February 5, 2021.

Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( KENNETH H. TYLER, JR. , OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Curran, Troutman and DeJoseph, JJ.

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 murder in the second degree (Penal Law § 125.25[1]), defendant contends and the People correctly concede that his waiver of the right to appeal is invalid because County Court's oral colloquy conflated the right to appeal with those rights automatically forfeited by the guilty plea (see People v Thomas...

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