PEOPLE v. MONTGOMERY

94 KA 16-02359.

191 A.D.3d 1418 (2021)

138 N.Y.S.3d 414

2021 NY Slip Op 00929

The People of the State of New York, Respondent, v. Larry D. Montgomery, Appellant.

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

Decided February 11, 2021.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( JANET C. SOMES OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( SCOTT MYLES OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Peradotto, Lindley, Troutman and DeJoseph, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of burglary in the third degree (Penal Law § 140.20). We agree with defendant that the record does not establish that he validly waived his right to appeal. Here, the rights encompassed by defendant's purported waiver of the right to appeal "were mischaracterized...

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