PEOPLE v. MONTERO

Ind. No. 141/13. Appeal No. 14252. Case No. 2016-01332.

197 A.D.3d 1072 (2021)

154 N.Y.S.3d 63

2021 NY Slip Op 05173

The People of the State of New York, Respondent, v. Elvis Montero, Appellant.

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

Decided September 30, 2021.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Mark W. Zeno of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Shane Magnetti of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Oing, Rodriguez, Higgitt, JJ.


We do not find that defendant made a valid waiver of his right to appeal. The court's colloquy with defendant contained misleading language about the absence of "meaningful" appellate issues, indicating that any appeal would be fruitless.

However, the court properly denied defendant's suppression motion. Defendant does not dispute that there was probable cause to issue an eavesdropping warrant for his cell phone, and the...

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