PEOPLE v. ELLIS

Ind. No. 1174/15. Appeal No. 13749. Case No. 2018-4692.

194 A.D.3d 428 (2021)

143 N.Y.S.3d 210

2021 NY Slip Op 02761

The People of the State of New York, Respondent, v. Frank Ellis, Appellant.

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

Decided May 4, 2021.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Teighlor S. Bonner of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Marianne Stracquadanio of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Moulton, Scarpulla, JJ.


Defendant's waiver of his right to appeal was invalid because the court did not make clear that the right to appeal is separate and distinct from the numerous other trial rights automatically forfeited upon pleading guilty. However, by pleading guilty, defendant independently forfeited his claim that inadmissible evidence was presented to the grand jury (see People v Hansen, 95 N.Y.2d 227, 230 [2000]). In any event, the isolated...

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