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PEOPLE v. DEVALLON

2018-12070.

182 A.D.3d 608 (2020)

120 N.Y.S.3d 797

2020 NY Slip Op 02477

The People of the State of New York, Respondent, v. Emmanuel Devallon, Appellant.

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

Decided April 29, 2020.

Ordered that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v Thomas, ___ NY3d ___, 2019 NY Slip Op 08545 [2019]; People v Brown, 122 A.D.3d 133, 145-146 [2014]). Although the record includes a written appeal waiver form executed by the defendant, the Supreme Court did not engage in a comprehensive colloquy with the defendant and "did not ascertain on the record...

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