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PEOPLE v. MADDISON

1215 KA 19-01089.

191 A.D.3d 1393 (2021)

137 N.Y.S.3d 801

2021 NY Slip Op 00765

The People of the State of New York, Respondent, v. Andrew Maddison, Appellant.

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

Decided February 5, 2021.

Attorney(s) appearing for the Case

D.J. & J.A. CIRANDO, PLLC, SYRACUSE ( JOHN A. CIRANDO OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( DARIENN P. BALIN OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Troutman, Bannister 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 a plea of guilty of burglary in the second degree (Penal Law § 140.25[2]), defendant contends that his purported waiver of the right to appeal is invalid. We agree (see People v Jones, 188 A.D.3d 1682, 1682 [4th Dept 2020]; People v Brown, 180 A.D.3d 1341, 1341 [4th Dept 2020], lv denied

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