PEOPLE v. STACKER

Ind. Nos. 883/18, 949/18.

206 A.D.3d 766 (2022)

167 N.Y.S.3d 800

2022 NY Slip Op 03751

The People of the State of New York, Respondent, v. Michael Stacker, Appellant.

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

Decided June 8, 2022.


Attorney(s) appearing for the Case

Justine Luongo , Attorney-in-Charge of the Criminal Defense Practice, New York, NY ( Naila S. Siddiqui of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill and Roni C. Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent.

Duffy, J.P., Iannacci, Maltese and Genovesi, JJ., concur.


Ordered that the sentences are affirmed.

The defendant validly waived his right to appeal. Although the written waiver of the right to appeal included incorrect statements of the applicable law, the record demonstrated that, under the totality of the circumstances, including the Supreme Court's oral colloquy, the defendant's consultation with counsel, and his age and experience, the defendant had a full appreciation of the terms and consequences of the appeal waiver...

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