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PEOPLE v. RODRIGUEZ

2017-07312. Ind. No. 2752/16.

167 A.D.3d 662 (2018)

86 N.Y.S.3d 895

2018 NY Slip Op 08334

The People of the State of New York, Respondent, v. Hector Rodriguez, 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 record does not reflect that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bradshaw, 18 N.Y.3d 257 [2011]). At the plea allocution, the Supreme Court improperly suggested that waiving the right to appeal was mandatory rather than a right that the defendant was being asked to voluntarily relinquish...

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