The First Department determined defendant's waiver of appeal was invalid because the oral colloquy was insufficient. The signed written waiver did not fix the inadequate colloquy:
… [T]he Court never advised defendant of the consequences of the appeal waiver, or spoke to defendant to ensure he understood the rights he was forfeiting by signing the waiver … . Although defendant signed a written waiver, this “was no substitute for an on-the-record explanation of the nature of the right to appeal” … . Furthermore, the written waiver says that defendant was “advised by the Court of the nature of the rights being waived,” but that never occurred. Rather, the court told defense counsel to explain the waiver of appeal to defendant, and following an off-the-record conference between defendant and his counsel, counsel indicated defendant had signed the waiver. Counsel's confirmation that he told defendant about the waiver cannot substitute for the court conducting its own inquiry. People v Harris, 2016 NY Slip Op 01741, 1st Dept 3-10-16
CRIMINAL LAW (WAIVER OF APPEAL, WRITTEN WAIVER DID NOT REMEDY INADEQUATE ORAL COLLOQUY)/APPEALS (CRIMINAL, SIGNED WRITTEN WAIVER DID NOT REMEDY INADEQUATE ORAL COLLOQUY)/WAIVER OF APPEAL (CRIMINAL, SIGNED WRITTEN WAIVER DID NOT REMEDY INADEQUATE ORAL COLLOQUY)