PEOPLE v. MOJENA

576 KA 16-02223.

197 A.D.3d 963 (2021)

150 N.Y.S.3d 665

2021 NY Slip Op 04854

The People of the State of New York, Respondent, v. Darvis Mojena, Jr., Appellant.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( BENJAMIN L. NELSON OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( DANIEL GROSS , OF COUNSEL), FOR RESPONDENT.

Present—Carni, J.P., Lindley, Curran, Bannister 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 manslaughter in the first degree (Penal Law § 125.20[1]). As defendant correctly contends and the People do not dispute, the record does not establish that defendant validly waived his right to appeal. Supreme Court's oral waiver colloquy and the written...

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