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PEOPLE v. DIAZ

2017-11019, Ind. No. 1318/17.

171 A.D.3d 784 (2019)

95 N.Y.S.3d 889

2019 NY Slip Op 02544

The People of the State of New York, Respondent, v. Tara Diaz, Appellant.

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

Decided April 3, 2019.

Ordered that the sentence is affirmed.

The defendant's purported waiver of her right to appeal was invalid. The Supreme Court's colloquy improperly suggested that waiving the right to appeal was mandatory, rather than a right the defendant was being asked to voluntarily relinquish, and the court never elicited an acknowledgment that the defendant was voluntarily waiving her right to appeal (see People v Santeramo,

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