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PEOPLE v. PRESSLEY

2012-05725, Ind. No. 9488/10.

116 A.D.3d 794 (2014)

983 NYS2d 322

2014 NY Slip Op 2461

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERRARD PRESSLEY, Appellant.

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

Decided April 9, 2014.

Ordered that the sentence is affirmed.

The defendant's purported waiver of the right to appeal was invalid. "A waiver of the right to appeal is effective only so long as the record demonstrates that it was made knowingly, intelligently and voluntarily" (People v Lopez, 6 N.Y.3d 248, 256 [2006]; see People v Bradshaw, 18 N.Y.3d 257, 264 [2011]; People v Callahan,

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