PEOPLE v. SMITH

394 KA 17-01118.

207 A.D.3d 1066 (2022)

170 N.Y.S.3d 767

2022 NY Slip Op 04248

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

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

Decided July 1, 2022.


Attorney(s) appearing for the Case

BRIDGET L. FIELD , ROCHESTER, FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( LISA GRAY OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Centra, Lindley and Curran, JJ.


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

Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10[1]). We agree with defendant that County Court incorrectly characterized the waiver of the right to appeal as an absolute bar to the taking of an appeal, and we therefore conclude that the colloquy was insufficient to ensure...

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