PEOPLE v. BRENNER

2019-09888. Ind. No. 293/18.

193 A.D.3d 875 (2021)

142 N.Y.S.3d 389

2021 NY Slip Op 02306

The People of the State of New York, Respondent, v. Thomas V. Brenner, Appellant.

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

Decided April 14, 2021.


Attorney(s) appearing for the Case

Salvatore C. Adamo , New York, NY, for appellant.

Thomas E. Walsh II , District Attorney, New City, NY ( Jacob B. Sher of counsel), for respondent.

Dillon, J.P., Austin, Barros, Brathwaite Nelson and Christopher, JJ., concur.


Ordered that the judgment is affirmed.

Contrary to the People's contention, the defendant's purported appeal waiver was invalid. The County Court's oral colloquy and the written appeal waiver mischaracterized the nature of the appeal waiver as an absolute bar to the taking of a direct appeal and a forfeiture of the attendant right to counsel and poor person relief (see People v Bisono, 36 N.Y.3d 1013 [2020]; People v Thomas, 34 N.Y.3d 545 [2019]). Accordingly...

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