PEOPLE v. EMERY

2019-06452. 2021-04431.

196 A.D.3d 599 (2021)

147 N.Y.S.3d 430

2021 NY Slip Op 04370

The People of the State of New York, Respondent, v. Shaheed Emery, Appellant.

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

Decided July 14, 2021.


Attorney(s) appearing for the Case

John R. Lewis , Sleepy Hollow, NY, for appellant.

David M. Hoovler , District Attorney, Goshen, NY ( Andrew R. Kass of counsel), for respondent.

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


Ordered that the judgments are affirmed.

Contrary to the People's contention, the defendant's purported appeal waiver was invalid. The written appeal waiver mischaracterized the nature of the appeal waiver as an absolute bar to the taking of a direct appeal and the County Court's oral colloquy with the defendant did not cure the ambiguities in the written waiver (see People v Bisono, 36 N.Y.3d 1013 [2020]; People v Thomas, 34 N.Y.3d 545, 566 [2019])...

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