PEOPLE v. BEACH

111398.

197 A.D.3d 1440 (2021)

151 N.Y.S.3d 652

2021 NY Slip Op 05048

The People of the State of New York, Respondent, v. Christopher Beach, Appellant.

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

Decided September 23, 2021.


Attorney(s) appearing for the Case

John Ferrara , Monticello, for appellant.

Meagan K. Galligan , District Attorney, Monticello ( Kevin Mulryan of counsel), for respondent.

Garry, P.J., Lynch, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.


Defendant pleaded guilty to criminal possession of a controlled substance in the third degree and purportedly waived the right to appeal. County Court sentenced defendant, as a second felony offender, to nine years in prison, to be followed by three years of postrelease supervision. Defendant appeals.

The People concede, and we agree, that defendant did not validly waive the right to appeal. "An appeal waiver is not `knowingly...

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