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PEOPLE v. RIVERA

2018-12402, Ind. No. 581/16.

181 A.D.3d 825 (2020)

118 N.Y.S.3d 419

2020 NY Slip Op 01934

The People of the State of New York, Respondent, v. Marcos Rivera, Appellant.

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

Decided March 18, 2020.

Ordered that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid on the grounds that the Supreme Court advised the defendant that by virtue of the waiver, he was "foreclosed forever from complaining about any errors that may have occurred during the course of this proceeding" (see People v Thomas, ___ NY3d ___, 2019 NY Slip Op 08545 [2019]), and conflated the right to appeal with the rights automatically forfeited by...

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