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PEOPLE v. LOPEZ

56 A.D.3d 280 (2008)

867 N.Y.S.2d 83

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERTO LOPEZ, Appellant.

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

November 13, 2008.

The plea was involuntary because, at the plea allocution, once again there was no mention of any of the rights defendant would be waiving by pleading guilty, including his right to a jury trial, his right of confrontation and his right against self-incrimination (see People v Colon, 42 A.D.3d 411 [2007]). Since defendant's plea was invalid, his waiver of the right to appeal is also invalid.

At the suppression hearing, the...

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