PEOPLE v. McDOWELL

2017-06796, Ind. No. 1391/16.

181 A.D.3d 716 (2020)

117 N.Y.S.3d 854

2020 NY Slip Op 01642

The People of the State of New York, Respondent, v. James C. McDowell, Appellant.

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

Decided March 11, 2020.


Ordered that the sentence is affirmed.

The record does not establish that the defendant knowingly, voluntarily and intelligently waived his right to appeal (see People v Bradshaw, 18 N.Y.3d 257 [2011]). The Supreme Court mischaracterized the nature of the right to appeal by stating that the defendant's sentence and conviction would be final (see People v Thomas, ___ NY3d ___, ___, 2019 NY Slip Op 08545, *8 [2019])...

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