Appellate Court Reverses Conviction for Lower Court’s Failure to allocute on Waiver of Constitutional Rights

In the case of People v. Barnes, 2015 NY Slip Op 50034 (N.Y. App. Term, 2015), the Appellate Term of the Second Department for the 2nd, 11th And 13th Judicial Districts overturned the defendant’s conviction for the Court’s failure to properly allocute on the questions of whether or not she was voluntarily and knowingly waiving her constitutional rights or whether the defendant spoke to her attorney about the decision to waive her constitutional rights.

The Court found the defendant’s remaining arguments unpersuasive, but dismissed the criminal court information in the interest of justice nonetheless.

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