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DEFENDANT’S WAIVER OF APPEAL WAS INVALID; UNWARNED STATEMENTS MADE DURING CUSTODIAL INTERROGATION SHOULD HAVE BEEN SUPPRESSED; GUILTY PLEA VACATED (FOURTH DEPT).

The Fourth Department, vacating defendant’s guilty plea, determined defendant’s waiver of appeal was invalid and unwarned statements made by the defendant under custodial interrogation should have been suppressed. Defendant was interrogated about two missing college students. As the questioning proceeded it became apparent defendant was involved in the matter in some way, and eventually she revealed where the students were:

Defendant orally waived her right to appeal and executed a written waiver of the right to appeal. The language in the written waiver is inaccurate and misleading insofar as it purports to impose “an absolute bar to the taking of a direct appeal” and purports to deprive defendant of her “attendant rights to counsel and poor person relief, [as well as] all postconviction relief separate from the direct appeal” … . … A “waiver[] cannot be upheld . . . on the theory that the offending language can be ignored and that [it is] enforceable based on the court’s few correctly spoken terms” … . …

… [D]efendant was placed in a conference room and was questioned by an investigator from approximately 3:15 p.m. until 5:00 p.m. At 5:00 p.m., another investigator accompanied defendant to the bathroom, and the investigator continued questioning defendant. During that conversation, defendant made admissions demonstrating that she was more involved in the case than she had initially revealed, that she knew who was holding the students, and that one of the students had been shot. … At no time was she ever given Miranda warnings. People v Hughes, 2021 NY Slip Op 06231, Fourth Dept 11-12-21

 

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