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Fourth Department — Waiver of Appeal: People v. Lee

Appellate Division, Fourth Department 

Waiver of Appeal

People v. Lee
KA 12-00047
Appealed from Supreme Court, Erie County

Background: The defendant pleaded guilty to gang assault in the second degree. He contended on appeal that the trial judge did not engage him to an adequate extent to be sure that he waived his right to appeal knowingly and voluntarily. He further contended that the court erred in denying his request for youthful offender status.

Ruling: Conviction wasaffirmed. Even if the court did not adequately determine that the defendant’s waiver of the right to appeal was knowing and voluntary, and thus did not include his right to appeal the youthful offender status request, the issue was meritless.

Barbara J. Davies for the defendant; Michael J. Hillery for the Erie County District Attorney’s Office