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PEOPLE v. CARDIELLO

2016-05827. Ind. No. 10090/16.

164 A.D.3d 1254 (2018)

80 N.Y.S.3d 915

2018 NY Slip Op 06025

The People of the State of New York, Respondent, v. Sandra Cardiello, Appellant.

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

Decided September 12, 2018.

Ordered that the sentence is affirmed.

The defendant's purported waiver of the right to appeal was invalid and, thus, does not preclude review of her excessive sentence claim. The record does not demonstrate that the defendant understood the distinction between the right to appeal and other trial rights forfeited incident to her plea of guilty (see People v Kupershmidt, 152 A.D.3d 797, 798 [2017]; People v Black, ...

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