PEOPLE v. SMITH

Ind. No. 4234N/16. Appeal No. 17158. Case No. 2018-566.

212 A.D.3d 534 (2023)

180 N.Y.S.3d 534

2023 NY Slip Op 00273

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

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

Decided January 24, 2023.


Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( Laura Boyd of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( David Gagne of counsel), for respondent.

Concur—Kern, J.P., Oing, Gesmer, Scarpulla, Rodriguez, JJ.


Judgment, Supreme Court, New York County (Abraham L. Clott, J.), rendered February 15, 2017, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of two years, unanimously affirmed.

The record does not establish a valid waiver of defendant's right to appeal. The court did not adequately explain the right to appeal, make clear that this right is...

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