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PEOPLE v. RESNICK

2016-11558 Ind. No. 922/14.

159 A.D.3d 724 (2018)

69 N.Y.S.3d 510

2018 NY Slip Op 01486

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL RESNICK, Appellant.

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

Decided March 7, 2018.

Ordered that the sentence, as amended, is affirmed.

When the Supreme Court explained the defendant's waiver of his right to appeal to him, it improperly conflated the right to appeal with the rights automatically forfeited by a plea of guilty. Accordingly, the waiver of the right to appeal was invalid and, therefore, unenforceable (see People v Wells, 135 A.D.3d 976, 976 [2016]). The sentence, however, was not excessive ...

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