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PEOPLE v. BROWN

2019-08574. Ind. No. 19-00052.

193 A.D.3d 875 (2021)

142 N.Y.S.3d 390

2021 NY Slip Op 02307

The People of the State of New York, Respondent, v. Brandon Joel Brown, Appellant.

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

Decided April 14, 2021.

Attorney(s) appearing for the Case

Philip H. Schnabel , Chester, NY, for appellant.

David M. Hoovler , District Attorney, Goshen, NY ( Edward D. Saslaw 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 record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bradshaw, 18 N.Y.3d 257, 264 [2011]). The County Court mischaracterized the nature of the right to appeal by incorrectly describing the scope of appellate review, as it stated that the defendant's sentence and conviction...

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