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PEOPLE v. MITCHELL

192 A.D.2d 1137 (1993)

596 N.Y.S.2d 740

The People of the State of New York, Respondent, v. Carl Mitchell, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 14, 1993

Judgment unanimously affirmed.

Memorandum:

We agree with defendant that his purported waiver of appeal was invalid. An appeal waiver was never mentioned at the plea hearing. Although there is no "particular litany" for an effective appeal waiver, a knowing and voluntary waiver cannot be inferred from a silent record (People v Callahan, 80 N.Y.2d 273, 283). Because there was no record discussion between the court and...

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