PEOPLE v. FIGUEROA

163 KA 16-02155.

192 A.D.3d 1655 (2021)

141 N.Y.S.3d 388

2021 NY Slip Op 01894

The People of the State of New York, Respondent, v. Walter G. Figueroa, Appellant.

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

Decided March 26, 2021.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( HELEN SYME OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( LISA GRAY OF COUNSEL), FOR RESPONDENT.

Present—Carni, J.P., NeMoyer, Curran and Winslow, 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 attempted criminal possession of a controlled substance in the second degree (Penal Law §§ 110.00, 220.18[1]). As an initial matter, we conclude that both the signed written waiver of the right to appeal and the oral waiver colloquy mischaracterized the nature of the right to appeal and thus...

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