Saturday, January 3, 2009

Simply Asking a Defendant If He Understands That He is Waiving His Right to Appeal is Insufficient

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.'"

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