PEOPLE v. MUNIZ

S.C.I. No. 659/16. 2016-04629.

163 A.D.3d 589 (2018)

76 N.Y.S.3d 418

2018 NY Slip Op 05060

The People of the State of New York, Respondent, v. Jeremy Muniz, Appellant.

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

Decided July 5, 2018.


Ordered that the sentence is affirmed.

Where, as here, a written waiver of the right to appeal is executed by the defendant, "a knowing and voluntary waiver cannot be inferred from a silent record" (People v Callahan, 80 N.Y.2d 273, 283 [1992]; see People v Brown, 122 A.D.3d 133, 138 [2014]). Rather, "`some judicial examination of the...

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