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PEOPLE v. SIMON

2016-01624, Ind. No. 9673/13.

153 A.D.3d 1435 (2017)

2017 NY Slip Op 06668

60 N.Y.S.3d 693

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENDELL SIMON, Appellant.

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

Decided September 27, 2017.

Ordered that the sentence is affirmed.

The record of the plea proceeding did not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, and thus, the purported waiver of the defendant's right to appeal is not enforceable (see People v Colon, 153 A.D.3d 550 [2017]; People v Head, 147 A.D.3d 1083 [2017]; People v Bynum,

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