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PEOPLE v. ALTAMIRANO

2017-01011. Ind. No. 1995/15.

168 A.D.3d 870 (2019)

89 N.Y.S.3d 908

2019 NY Slip Op 00293

The People of the State of New York, Respondent, v. Giovanny Altamirano, Appellant.

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

Decided January 16, 2019.

Ordered that the sentence is affirmed.

As the People correctly concede, the defendant's purported waiver of the right to appeal was invalid. The Supreme Court failed to confirm that the defendant understood the nature of the right to appeal and the consequences of waiving it (see People v Brown, 122 A.D.3d 133, 142 [2014]). Although the record of the proceedings reflects that the defendant executed a written waiver of his...

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