The People of the State of New York v. Jay Jomar Bradshaw

Summary

The New York Court of Appeals affirmed the Appellate Division's reversal of a first-degree rape conviction entered on a negotiated guilty plea, holding that the record failed to establish a valid waiver of the right to appeal because the trial court obtained no on-record confirmation that the defendant — a first-time felony offender with a documented history of mental illness who had undergone four competency examinations — understood the nature of the appeal waiver, and agreeing that the complainant's lineup identification should have been suppressed because the People failed to establish probable cause for the arrest. The court distinguished People v Ramos, where the defendant had orally acknowledged on the record that he understood he was giving up his right to appeal, and expressly stated it was announcing no new rule. Judge Read dissented, joined by Judges Graffeo and Smith, contending that the colloquy combined with the executed written waiver form demonstrated an effective waiver just as in Ramos.