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PEOPLE v. POWELL

16505, 1453/13.

134 A.D.3d 647 (2015)

22 N.Y.S.3d 200

2015 NY Slip Op 09631

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVON POWELL, Appellant.

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

Decided December 29, 2015.

The record does not reflect that defendant knowingly and voluntarily waived his appellate rights (see People v Bradshaw, 18 N.Y.3d 257, 264 [2011]; see People v Seaberg, 74 N.Y.2d 1, 11 [1989]). Notwithstanding, we do not reach defendant's claim that his guilty plea was invalid because it was unpreserved. Defendant did not make a postallocution motion to either withdraw his plea or to set...

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