PEOPLE v. JACKSON

86 KA 19-01964.

202 A.D.3d 1447 (2022)

161 N.Y.S.3d 618

2022 NY Slip Op 00765

The People of the State of New York, Respondent, v. Charles R. Jackson, Jr., Appellant.

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

Decided February 4, 2022.


Attorney(s) appearing for the Case

THE FOTI LAW FIRM, ROCHESTER ( NEIL GUNTHER OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Present—Peradotto, J.P., Lindley, Curran and Winslow, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the second degree (Penal Law § 265.03[3]). Preliminarily, we agree with defendant that the record does not establish that he validly waived his right to appeal. Supreme Court's "oral waiver colloquy and the written waiver signed by defendant together `mischaracterized...

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