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PEOPLE v. VAUGHAN

2019-10604. Ind. No. 2040/18.

193 A.D.3d 889 (2021)

142 N.Y.S.3d 401

2021 NY Slip Op 02323

The People of the State of New York, Respondent, v. Cardell Vaughan, Appellant.

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

Decided April 14, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Jonathan Garelick of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Christopher Blira-Koessler and Johnnette Traill of counsel; Deanna Russo on the memorandum), for respondent.

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

Ordered that the sentence is affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal was invalid because, inter alia, the Supreme Court's oral colloquy mischaracterized the appellate rights waived as encompassing a bar to filing an appellate brief and the loss of attendant rights to counsel and poor person relief (see People v Thomas, 34 N.Y.3d 545, 560-564 [2019]; People v Sealey, 187 A.D.3d 1067 [2020...

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