PEOPLE v. GUERRERO

Ind. No. 2301/17. Appeal No. 14727. Case No. 2019-5174.

200 A.D.3d 432 (2021)

154 N.Y.S.3d 762

2021 NY Slip Op 06773

The People of the State of New York, Respondent, v. Denny Guerrero, Appellant.

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

Decided December 2, 2021.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Benjamin Rutkin-Becker of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Franklin R. Guenthner of counsel), for respondent.

Concur—Webber, J.P., Friedman, Oing, Shulman, Pitt, JJ.


Defendant made a valid waiver of his right to appeal. The court's oral colloquy, which sufficiently distinguished the right to appeal from the trial rights automatically forfeited by a guilty plea, taken together with a detailed written waiver that fully explained the appellate rights defendant was giving up, established that the waiver was knowing, intelligent, and voluntary (see People v Thomas, 34 N.Y.3d 545, 560 [2019], cert denied 589 US ___, 140 S.Ct....

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