PEOPLE v. ENRIQUEZ

2020-00355. Ind. No. 18-00393.

199 A.D.3d 830 (2021)

154 N.Y.S.3d 247

2021 NY Slip Op 06187

The People of the State of New York, Respondent, v. Jose Alfredo Enriquez, Appellant.

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

Decided November 10, 2021.


Attorney(s) appearing for the Case

Mary Zugibe Raleigh , Pine Bush, NY, for appellant.

David M. Hoovler , District Attorney, Goshen, NY ( Alexander J. H. Ochoa and Andrew R. Kass of counsel), for respondent.

Austin, J.P., Duffy, Barros and Wooten, JJ., concur.


Ordered that the judgment is affirmed.

The record does not establish that the defendant's waiver of the right to appeal was knowing, voluntary, and intelligent, as the County Court mischaracterized the nature of the right to appeal by stating that the defendant's conviction and sentence would be final (see People v Bisono, 36 N.Y.3d 1013, 1017-1018 [2020]; People v Thomas, 34 N.Y.3d 545, 564-566 [2019]), and the written waiver form did not clarify that...

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