PEOPLE v. BURKE

2018-08338. Ind. No. 36-18.

194 A.D.3d 834 (2021)

143 N.Y.S.3d 912

2021 NY Slip Op 03046

The People of the State of New York, Respondent, v. William T. Burke, Appellant.

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

Decided May 12, 2021.


Attorney(s) appearing for the Case

Del Atwell , East Hampton, NY, for appellant.

Timothy D. Sini , District Attorney, Riverhead, NY ( Rosalind C. Gray and Thomas Costello of counsel), for respondent.

Rivera, J.P., Hinds-Radix, Connolly and Iannacci, JJ., concur.


Ordered that the judgment is affirmed.

Contrary to the People's contention, the defendant's waiver of his right to appeal was invalid. The statement of the County Court that pursuant to the waiver, "once you're sentenced on a case it's closed for good," mischaracterized the nature of the waiver of the right to appeal (see People v Thomas, 34 N.Y.3d 545 [2019]).

The defendant's claim of ineffective assistance of counsel is based, in part, on matter appearing...

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