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PEOPLE v. JEMMOTT

2011-05131, 2012-05758, Ind. No. 222/10.

125 A.D.3d 1005 (2015)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARVON JEMMOTT, Appellant.

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

Decided February 25, 2015.

Ordered that the judgment and the order are affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v Lopez, 6 N.Y.3d 248, 256 [2006]). The record does not demonstrate that the defendant "grasped the concept of the appeal waiver and the nature of the right he was forgoing" (People v Bradshaw, 18 N.Y.3d 257, 267 [2011]; see People v Johnson,

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