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PEOPLE v. BATISTA

2017-03147, Ind. No. 9324/14.

176 A.D.3d 1091 (2019)

108 N.Y.S.3d 873

2019 NY Slip Op 07597

The People of the State of New York, Respondent, v. Octavio Batista, Appellant.

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Benjamin S. Litman of counsel), for appellant.

Letitia James , Attorney General, New York, NY ( Matthew B. Keller of counsel), for respondent.

Rivera, J.P., Maltese, Barros, Brathwaite Nelson and Iannacci, JJ., concur.

Ordered that the sentence is affirmed.

Contrary to the People's contention, the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Lopez, 6 N.Y.3d 248, 256 [2006]). It is not apparent from the face of the record that the defendant had a full appreciation of the consequences and understanding of the waiver of the right to appeal (see People v...

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