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PEOPLE v. FLUDD

2017-13399. Ind. No. 10338/16.

175 A.D.3d 624 (2019)

104 N.Y.S.3d 900

2019 NY Slip Op 06211

The People of the State of New York, Respondent, v. Malik Fludd, Appellant.

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

Decided August 21, 2019.

Ordered that the sentence is affirmed.

The defendant's purported waiver of the right to appeal was invalid (see People v Bradshaw, 18 N.Y.3d 257 [2011]). The Supreme Court failed to provide an adequate explanation of the nature of the right to appeal and the consequences of waiving it, and although the defendant signed a written waiver of his right to appeal, the court failed to ascertain on the record whether the defendant...

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