defendant had read waiver in New York

2019Further, although the record reflects that the defendant executed a written appeal waiver form, the transcript of the plea proceeding shows that the court did not ascertain on the record whether the defendant had read the waiver or whether he was even aware of its content ( see People v Bradshaw , 18 NY3d 257, 267 ; People v Santeramo , 153 AD3d at 1287 ; People v Cambridge , 145 AD3d 795, 795-796 ).

2019Furthermore, although the record reflects that the defendant executed a written appeal waiver form, the transcript of the plea proceeding shows that the court did not ascertain on the record whether the defendant had read the waiver or discussed it with defense counsel, or whether she was even aware of its content ( see People v Bradshaw , 18 NY3d 257, 267 ; People v Santeramo , 153 AD3d 1286 ; People v Cambridge , 145 AD3d 795, 795-796 ).

2020Moreover, although the record reflects that the defendant executed a written appeal waiver form, the transcript of the plea proceeding demonstrates that the court did not ascertain on the record whether the defendant had read the waiver or discussed it with defense counsel, or whether he was even aware of its contents ( see People v Santeramo , 153 AD3d 1286, 1287 ; People v Iovino , 142 AD3d 561, 561-562 ; People v Brown , 122 AD3d 133, 145 ).

2020Although the record includes a written appeal waiver form executed by the defendant, the Supreme Court did not engage in a comprehensive colloquy with the defendant and "did not ascertain on the record whether the defendant had read the waiver or discussed it with defense counsel, or whether he was even aware of its contents" ( People v Brown , 122 AD3d at 145 ).

2020Moreover, although the record reflects that the defendant executed a written appeal waiver form, the transcript of the plea proceeding demonstrates that the court did not ascertain on the record whether the defendant had read the waiver or discussed it with defense counsel, or whether he was even aware of its contents ( see People v Santeramo , 153 AD3d 1286, 1287 ; People v Iovino , 142 AD3d 561, 561-562 ; People v Brown , 122 AD3d 133, 145 ).

2019Moreover, although the defendant executed a written appeal waiver form, the transcript of the plea proceeding demonstrates that the court did not ascertain on the record whether the defendant had read the waiver or discussed it with defense counsel, or whether he was even aware of its contents ( see People v Santeramo , 153 AD3d 1286, 1287 ; People v Brown , 122 AD3d at 145 ).

2020Moreover, although the defendant signed a written waiver, the court did not ascertain on the record whether the defendant had read the waiver or whether he was even aware of its contents ( see People v Elmer , 19 NY3d 501, 510 ; People v Callahan , 80 NY2d 273, 283 ; People v Baldassarre , 175 AD3d 1315 ; People v Pinchback , 173 AD3d 773 ).

2019Moreover, although the record on appeal reflects that the defendant executed a written appeal waiver form, the transcript of the plea proceeding shows that the Supreme Court did not ascertain on the record whether the defendant had read the waiver, discussed it with counsel, or was even aware of its contents ( see People v Callahan , 80 NY2d 273, 283 ; People v Waldon , 157 AD3d at 914; People v Brown , 122 AD3d 133, 145 ).

2019Under the circumstances here, we conclude that the defendant did not knowingly, voluntarily, and intelligently waive his right to appeal ( see generally People v Bradshaw , 18 NY3d at 264-267 ; People v Ramos , 7 NY3d 737, 738 ; People v Lopez , 6 NY3d at 255 ).

2017Under the circumstances here, we conclude that the defendant did not knowingly, voluntarily, and intelligently waive his right to appeal (see People v Brown, 122 AD3d 133 [2014]; see generally People v Bradshaw, 18 NY3d 257, 264-267 [2011]; People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d at 255 ).

2019Under these circumstances, we conclude that the defendant did not knowingly, voluntarily, and intelligently waive her right to appeal ( see People v Bradshaw , 18 NY3d at 264-267 ; People v Lopez , 6 NY3d 248, 256-257 ; People v Pierre , 165 AD3d 1175 , 1175).

2019Under the circumstances here, we conclude that the defendant did not knowingly, voluntarily, and intelligently waive his right to appeal ( see generally People v Bradshaw , 18 NY3d at 264-267 ; People v Ramos , 7 NY3d 737, 738 ; People v Lopez , 6 NY3d at 255 ).

2020Moreover, although the defendant signed a written waiver, the court did not ascertain on the record whether the defendant had read the waiver or whether he was even aware of its contents ( see People v Elmer , 19 NY3d 501, 510 ; People v Callahan , 80 NY2d 273, 283 ; People v Baldassarre , 175 AD3d 1315 ; People v Pinchback , 173 AD3d 773 ).

2016Accordingly, “despite [the] defendant’s execution of a written waiver of the right to appeal, he did not knowingly, intelligently or voluntarily waive his right to appeal as the record fails to demonstrate a Tull appreciation of the consequences of such waiver’ ” (People v Elmer, 19 NY3d 501, 510 [2012], quoting People v Bradshaw, 18 NY3d 257, 264 [2011]; see People v Callahan, 80 NY2d 273, 283 [1992]; People v Gordon, 127 AD3d at 1231 ).

2018Moreover, although the record on appeal reflects that the defendant executed a written appeal waiver form, the transcript of the plea proceedings shows that the Supreme Court did not ascertain on the record whether the defendant had read the waiver, discussed it with counsel, or was even aware of its contents ( see People v Callahan, 80 NY2d 273, 283 ; People v Santeramo, 153 AD3d at 1287 ; People v Pacheco, 138 AD3d at 1036 ; People v Brown, 122 AD3d at 145 ).

2018Although the record on appeal reflects that the defendant executed a written appeal waiver form, the transcript of the plea proceedings shows that the Supreme Court did not ascertain on the record whether the defendant had read the waiver, discussed it with counsel, or was even aware of its contents ( see People v Callahan , 80 NY2d 273, 283 ; People v Santeramo , 153 AD3d at 1287 ; People v Pacheco , 138 AD3d at 1036 ; People v Brown , 122 AD3d 133, 145 ).

2019Further, although the record reflects that the defendant executed a written appeal waiver form, the transcript of the plea proceeding shows that the court did not ascertain on the record whether the defendant had read the waiver or whether he was even aware of its content ( see People v Bradshaw , 18 NY3d 257, 267 ; People v Santeramo , 153 AD3d at 1287 ; People v Cambridge , 145 AD3d 795, 795-796 ).

2019Furthermore, although the record reflects that the defendant executed a written appeal waiver form, the transcript of the plea proceeding shows that the court did not ascertain on the record whether the defendant had read the waiver or discussed it with defense counsel, or whether she was even aware of its content ( see People v Bradshaw , 18 NY3d 257, 267 ; People v Santeramo , 153 AD3d 1286 ; People v Cambridge , 145 AD3d 795, 795-796 ).

2018Although the defendant executed a written appeal waiver form, the Supreme Court did not ascertain on the record whether the defendant had read the waiver or discussed it with defense counsel, or whether she was aware of its contents ( see People v Brown , 122 AD3d 133, 145 ; see also People v Kupershmidt , 152 AD3d at 798 ; People v Black , 144 AD3d at 936 ).

2018Under these circumstances, we conclude that the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Guniss , 160 AD3d at 896; People v Johnson , 157 AD3d 964 , 965; People v Smith , 156 AD3d 944 ; People v Kupershmidt , 152 AD3d at 798 ).

2018Although the defendant executed a written appeal waiver form, the Supreme Court did not ascertain on the record whether the defendant had read the waiver or discussed it with defense counsel, or whether she was aware of its contents ( see People v Brown , 122 AD3d 133, 145 ; see also People v Kupershmidt , 152 AD3d at 798 ; People v Black , 144 AD3d at 936 ).

2017Furthermore, although the defendant executed a written appeal waiver form, the transcript of the plea proceeding shows that the Supreme Court did not ascertain on the record whether the defendant had read the waiver or discussed it with defense counsel, or whether he was even aware of its contents (see People v Brown, 122 AD3d at 145 ; see also People v Black, 144 AD3d at 936 ; People v Pacheco, 138 AD3d at 1036 ).

2022The defendant's claim of ineffective assistance of counsel constitutes a "mixed claim of ineffective assistance" because it is based, in part, on matter appearing on the record and, in part, on matter outside the record ( People v Maxwell , 89 AD3d 1108, 1109 ; see People v Burke , 194 AD3d 834 ).

2016Furthermore, although the record reflects that the defendant executed a written appeal waiver form, the transcript of the plea proceeding shows that “[t]he court did not ascertain on the record whether the defendant had read the waiver or discussed it with defense counsel, or whether he was even *562 aware of its contents” (People v Brown, 122 AD3d 133, 145 [2014]; see People v Gordon, 127 AD3d at 1231 ).

2016Accordingly, “despite [the] defendant’s execution of a written waiver of the right to appeal, he did not knowingly, intelligently or voluntarily waive his right to appeal as the record fails to demonstrate a Tull appreciation of the consequences of such waiver’ ” (People v Elmer, 19 NY3d 501, 510 [2012], quoting People v Bradshaw, 18 NY3d 257, 264 [2011]; see People v Callahan, 80 NY2d 273, 283 [1992]; People v Gordon, 127 AD3d at 1231 ).

2015Accordingly, “despite [the] defendant’s execution of a written waiver of the right to appeal, he did not knowingly, intelligently or voluntarily waive his right to appeal as the record fails to demonstrate a ‘full appreciation of the consequences of such waiver’ ” (People v Elmer, 19 NY3d 501, 510 [2012], quoting People v Bradshaw, 18 NY3d 257, 264 [2011]; see People v Callahan, 80 NY2d 273, 283 [1992]; People v Cantarero, 123 AD3d at 841 ; People v Brown, 122 AD3d at 145 ; People v Vasquez, 101 AD3d 1054, 1054-1055 [2012]).