PEOPLE v. GIONS

2018-07083.

177 A.D.3d 769 (2019)

110 N.Y.S.3d 338

2019 NY Slip Op 08214

The People of the State of New York, Respondent, v. Dion Gions, Appellant.

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

Decided November 13, 2019.


Ordered that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid and, therefore, does not preclude appellate review of his contention that the sentence imposed was excessive. The record reflects that the defendant executed a written appeal waiver form prior to the Supreme Court explaining the meaning of the right to appeal and the implication of waiving that right. However, the court did not ascertain on the record whether...

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