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PEOPLE v. DUNN

2017-03408. Ind. No. 1782/14.

167 A.D.3d 651 (2018)

86 N.Y.S.3d 916

2018 NY Slip Op 08324

The People of the State of New York, Respondent, v. Robert Dunn, Appellant.

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

Decided December 5, 2018.

Ordered that the sentence is affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 N.Y.3d 257, 264 [2011]; People v Little, 127 A.D.3d 1235, 1235-1236 [2015]). The record of the plea proceedings fails to establish that the defendant understood that the appeal waiver was separate and distinct from...

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