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People v. Huddleston

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 14, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
BRETT HUDDLESTON, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County, (Robert M. Stolz, J.), rendered November 27, 2007, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree and sentencing him, as a second felony drug offender, to a term of 8 1/2 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Mazzarelli, Saxe, Moskowitz, Richter, JJ.

659/07

Although we perceive no basis for reducing the sentence, defendant's purported waiver of his right to appeal was invalid. The record reflects that discussion about waiver of appellate rights first occurred after the plea proceeding and completion of a predicate felony determination. It was never explained to defendant that, as a condition of the plea, he was waiving his right to appeal (see People v Lopez, 6 NY3d 248 [2006]; People v Ramos, 152 AD 2d 209 [1989]).

M-1774People v Brett Huddleston Motion seeking leave to file a supplemental pro se brief and related relief denied.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090514

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