Saturday, January 3, 2009

During the plea colloquy with County Court merely asked defendant whether he understood that he was "waiving [his] right to appeal," and defendant responded, "[y]es, I am." The Court in People v Springstead (2008 NY Slip Op 10279 [4th Dept 12/31/08]) agreed with defendant "that his waiver of the right to appeal is invalid inasmuch as the court failed to 'engage[] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice.'"