An appeals panel decided Thursday that a trial judge did not elicit enough from a defendant to show he made a knowing and voluntary waiver of his right to appeal. However, the appellate judges concluded that the issue was not preserved for their review.
The Appellate Division, Third Department, panel concluded 3-1 that Madison County Court Judge Dennis McDermott‘s description of the rights defendant Martin Pope Jr. was giving up was fine, but more was needed from Pope showing that the defendant understand what he was being told.
