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PEOPLE v. BATISTA

2013-00798.

180 A.D.3d 698 (2020)

115 N.Y.S.3d 677

2020 NY Slip Op 00872

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

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

Decided February 5, 2020.

Ordered that the judgment is affirmed.

The defendant's purported waiver of the right to appeal was invalid (see People v Wilkinson, 176 A.D.3d 879, 880 [2019]; People v Martin, 162 A.D.3d 793, 793 [2018]). Under the circumstances, the record does not demonstrate that the defendant understood the nature of the right to appeal and the consequences of waiving it (see People v De La Rosa, 148 A...

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