PEOPLE v. WRIGHT

340 KA 19-01302.

193 A.D.3d 1348 (2021)

143 N.Y.S.3d 259

2021 NY Slip Op 02640

The People of the State of New York, Respondent, v. Joshua Wright, Appellant.

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

Decided April 30, 2021.


Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( EDWARD P. DUNN OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( KENNETH H. TYLER, JR. , OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Curran, Winslow 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 murder in the first degree (Penal Law § 125.27[1][a][vii]; [b]). As the People correctly concede, defendant's purported waiver of the right to appeal is invalid. During the plea colloquy, County Court "`conflated the right to appeal with those rights automatically forfeited by the guilty plea...

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