PEOPLE v. MARTINEZ

2019-01761.

200 A.D.3d 806 (2021)

155 N.Y.S.3d 107

2021 NY Slip Op 06866

The People of the State of New York, Respondent, v. Anthony Martinez, Appellant.

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

Decided December 8, 2021.


Attorney(s) appearing for the Case

Joseph J. Artrip , Cornwall, NY, for appellant.

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

Miller, J.P., Duffy, Iannacci and Christopher, JJ., concur.


Ordered that the judgment is affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal is invalid. During the oral colloquy, the County Court incorrectly suggested that the waiver was an absolute bar to the taking of an appeal, and the written waiver of the right to appeal did not cure the deficiencies in the oral colloquy in that it also mischaracterized the nature of the appeal...

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