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PEOPLE v. BIRCH

2015-06251, 2015-07358.

171 A.D.3d 938 (2019)

97 N.Y.S.3d 222

2019 NY Slip Op 02716

The People of the State of New York, Respondent, v. Kyle Birch, Appellant.

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

Decided April 10, 2019.

Ordered that the judgments are affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 N.Y.3d 257, 267 [2011]; People v Lopez, 6 N.Y.3d 248, 257 [2006]). The Supreme Court never elicited an acknowledgment that the defendant was voluntarily waiving his right to appeal (see People v Waldon, 157 A.D.3d 913

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