Appellate Division of the Supreme Court of the State of New York December 21, 2012 (People v. Alston)

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of robbery in the first degree (Penal Law § 160.15 [4]). We agree with defendant that the record fails to establish that his waiver of the right to appeal was knowing and voluntary (see generally People v Lopez, 6 NY3d 248, 256 [2006]).