People v. Cruz

Summary

The Appellate Division, First Department, unanimously affirmed the defendant's convictions and sentences for third-degree robbery and two counts of fourth-degree grand larceny. The court held that the defendant's waiver of the right to appeal was invalid because the oral colloquy improperly suggested that the right to appeal depended on proceeding to trial, and the written waiver did not cure the confusing colloquy.

Holdings

1. Defendant's waiver of his right to appeal was invalid because the court's oral colloquy confusingly suggested that the right to appeal was conditioned on going to trial, and the written waiver could not cure that defect.
2. The court found no basis to reduce defendant's sentence.

Questions Presented

1. Whether defendant knowingly, intelligently, and voluntarily waived his right to appeal during the plea proceedings.
2. Whether the sentence should be reduced on appeal.

Disposition

affirmed