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PEOPLE v. RAJBAR

S.C.I. No. 2070/15. 2015-11406.

168 A.D.3d 883 (2019)

89 N.Y.S.3d 901

2019 NY Slip Op 00311

The People of the State of New York, Respondent, v. Oma Rajbar, Appellant.

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

Decided January 16, 2019.

Ordered that the sentence is affirmed.

The defendant's waiver of his right to appeal was invalid (see People v Glover, 164 A.D.3d 1259 [2018]; People v Valentin, 162 A.D.3d 693 [2018]). The Supreme Court conflated the defendant's right to appeal with the rights automatically forfeited by a plea of guilty, and failed to ascertain on the record whether the defendant had read the written...

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