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PEOPLE v. WILKINSON

2017-12731, Ind. No. 1128/16.

176 A.D.3d 879 (2019)

107 N.Y.S.3d 896

2019 NY Slip Op 07300

The People of the State of New York, Respondent, v. Andrew Wilkinson, Appellant.

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

Decided October 9, 2019.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Leila Hull of counsel), for appellant.

John M. Ryan , Acting District Attorney, Kew Gardens, NY ( John M. Castellano , Johnnette Traill , and Jonathan K. Yi of counsel; Conor Ward on the memorandum), for respondent.

Dillon, J.P., Austin, Roman, Maltese and Christopher, JJ., concur.

Ordered that the sentence is affirmed.

The defendant's waiver of his right to appeal was invalid. The defendant's written waiver of the right to appeal misstated the applicable law and was misleading (see People v Butler, 49 A.D.3d 894 [2008]). Further, the Supreme Court's terse colloquy at the plea proceeding relating to the defendant's waiver of his right to appeal was insufficient to remedy the misleading written waiver...

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