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PEOPLE, res, v. JOSE OQUENDO, def-ap

9617. PEOPLE, res, v. JOSE OQUENDO, def-ap — Center for Appellate Litigation, New York (Robert S. Dean of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Ravi Kantha of counsel), for res — Judgment, Supreme Court, Bronx County (Eugene Oliver, J.), rendered September 16, 2011, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of six years, to be followed by five years of postrelease supervision, unanimously affirmed.

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9617. PEOPLE, res, v. JOSE OQUENDO, def-ap — Center for Appellate Litigation, New York (Robert S. Dean of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Ravi Kantha of counsel), for res — Judgment, Supreme Court, Bronx County (Eugene Oliver, J.), rendered September 16, 2011, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of six years, to be followed by five years of postrelease supervision, unanimously affirmed.

We find that defendant’s purported waiver of his right to appeal was invalid. At the plea proceeding, the court told defendant that the promised sentence would be six years of incarceration, with five years of postrelease supervision, and that the waiver of appeal was part of the sentence. Other than this brief reference, the court said nothing more about the appellate waiver. Defendant also executed a written waiver of appeal.

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