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PEOPLE v. McEACHERN

2017-01433. Ind. No. 1319/12.

163 A.D.3d 850 (2018)

81 N.Y.S.3d 571

2018 NY Slip Op 05335

The People of the State of New York, Respondent, v. Eric McEachern, Appellant.

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

Decided July 18, 2018.

Ordered that the resentence is affirmed.

The defendant's purported waiver of the right to appeal was invalid because the Supreme Court misstated the law by suggesting that a defendant only has the right to appeal if he or she goes to trial, and concomitantly, that the right to appeal is limited to trial errors (see People v Brown, 122 A.D.3d 133, 144 n 3 [2014]; People v Taylor, 105 A.D.3d 778

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