PEOPLE v. ERDAIDE

2022-02164. Ind. No. 1916/19.

216 A.D.3d 1178 (2023)

188 N.Y.S.3d 211

2023 NY Slip Op 02891

The People of the State of New York, Respondent, v. Phillip Erdaide, Appellant.

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

Decided May 31, 2023.


Attorney(s) appearing for the Case

Patricia Pazner, New York, NY (Victoria L. Benton of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Danielle M. O'Boyle of counsel; Christopher M. Ciccolini on the memorandum), for respondent.

Barros, J.P., Brathwaite Nelson, Maltese, Ford and Warhit, JJ., concur.


Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Toni M. Cimino, J.), imposed February 24, 2022, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid because the Supreme Court's oral colloquy mischaracterized the appellate rights waived as encompassing the loss of attendant rights...

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