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PEOPLE v. BRADSHAW

No. 237.

18 N.Y.3d 257 (2011)

938 N.Y.S.2d 254

2011 NY Slip Op 8963

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JAY JOMAR BRADSHAW, Respondent.

Court of Appeals of New York.

Decided December 13, 2011.

Attorney(s) appearing for the Case

Charles J. Hynes , District Attorney, Brooklyn ( Maria Park and Leonard Joblove of counsel), for appellant.

Appellate Advocates, New York City ( Erica Horwitz and Lynn W.L. Fahey of counsel), for respondent.

Chief Judge LIPPMAN and Judges PIGOTT and JONES concur with Judge CIPARICK; Judge READ dissents in a separate opinion in which Judges GRAFFEO and SMITH concur.

OPINION OF THE COURT

CIPARICK, J.

In People v Lopez (6 N.Y.3d 248 [2006]), we emphasized, once again, that "[a] waiver of the right to appeal is effective only so long as the record demonstrates that it was made knowingly, intelligently and voluntarily" (6 NY3d at 256). Applying this standard here, we hold that the record fails to establish that defendant validly...

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