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PEOPLE v. HERNANDEZ

2011-01454.

96 A.D.3d 783 (2012)

945 N.Y.S.2d 419

2012 NY Slip Op 4364

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFONSO HERNANDEZ, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

June 6, 2012.

Ordered that the judgment is affirmed.

The defendant correctly contends that his waiver of the right to appeal is unenforceable. "[A] waiver of the right to appeal will not be enforced unless it was knowingly, intelligently and voluntarily made" (People v Callahan, 80 N.Y.2d 273, 280 [1992]). "This determination must be made in the first instance by the trial court, which is in the best position to assess all of the relevant...

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