People v Chocoj-Marroquin

Holding The appellate court affirmed the judgment despite finding that the defendant’s waiver of the right to appeal was not knowingly, voluntarily, and intelligently made due to the trial court’s failure to properly advise him of the attendant rights and the scope of the waiver. However, the court determined that the sentence imposed was not excessive, thereby upholding the conviction and sentence.

The court’s words

the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal

2026 NY Slip Op 06316, at the official text

The County Court failed to advise the defendant that the waiver did not encompass the loss of attendant rights to counsel

2026 NY Slip Op 06316, at the official text

the court also mischaracterized the issues that would survive the appeal waiver by incorrectly stating that the defendant would retain the right to challenge the excessiveness of his sentence

2026 NY Slip Op 06316, at the official text

we cannot conclude that the defendant understood the nature of the appellate rights that he was waiving

2026 NY Slip Op 06316, at the official text

the sentence imposed was not excessive

2026 NY Slip Op 06316, at the official text