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PEOPLE v. RIVERA

2016-09592, Ind. No. 10595/15.

171 A.D.3d 1097 (2019)

96 N.Y.S.3d 548

2019 NY Slip Op 02906

The People of the State of New York, Respondent, v. Chico Rivera, Appellant.

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

Decided April 17, 2019.

Ordered that the judgment is affirmed.

The defendant did not validly waive his right to appeal. The Supreme Court's oral colloquy suggested that waiving the right to appeal was mandatory rather than a right that the defendant was being asked to give up (see People v Johnson, 157 A.D.3d 964, 965 [2018]; People v Bynum, 142 A.D.3d 1183 [2016]). Moreover, the court failed to ascertain...

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