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PEOPLE v. BYRD

185 KA 16-01426.

181 A.D.3d 1183 (2020)

118 N.Y.S.3d 466

2020 NY Slip Op 01754

The People of the State of New York, Respondent, v. Bryant Byrd, Appellant.

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

Decided March 13, 2020.

It is hereby ordered that the resentence so appealed from is unanimously affirmed.

Memorandum: Defendant was convicted, upon his guilty plea, of burglary in the second degree (Penal Law § 140.25[2]), and he now appeals from a resentence with respect to that conviction. We agree with defendant that his waiver of the right to appeal is invalid. County Court mischaracterized the nature of the right that defendant was...

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