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PEOPLE v. RIVERA

2019-04124. Ind. No. 18-00225.

201 A.D.3d 673 (2022)

156 N.Y.S.3d 754

2022 NY Slip Op 00038

The People of the State of New York, Respondent, v. Joemy R. Rivera, Appellant.

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

Decided January 5, 2022.

Attorney(s) appearing for the Case

Kenyon C. Trachte, Newburgh, NY, for appellant.

David M. Hoovler, District Attorney, Middletown, NY (Andrew R. Kass of counsel), for respondent.

Austin, J.P., Duffy, Barros, Chambers and Ford, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's purported waiver of his right to appeal was invalid, as the record does not demonstrate that the waiver was made knowingly, intelligently, and voluntarily (see People v Bradshaw, 18 N.Y.3d 257, 264 [2011]). The County Court's oral colloquy mischaracterized the nature of the appeal waiver as an absolute bar to the taking of a direct appeal (see People v Bisono,...

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