PEOPLE v. BARZEE

240 KA 20-01020.

204 A.D.3d 1422 (2022)

166 N.Y.S.3d 814

2022 NY Slip Op 02674

The People of the State of New York, Respondent, v. Saio Barzee, Appellant.

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

Decided April 22, 2022.


Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.

SAIO BARZEE, DEFENDANT-APPELLANT PRO SE.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Centra, Peradotto, Lindley 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 robbery in the first degree (Penal Law § 160.15[3]). We affirm.

Initially, as defendant contends in his main brief and as the People correctly concede, defendant's waiver of the right to appeal is invalid. Here, "there is no basis [in the record] upon which to conclude that [County Court...

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