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PEOPLE v. HOWARD

2019-02194. S.C.I. No. 2633/18.

183 A.D.3d 640 (2020)

121 N.Y.S.3d 622

2020 NY Slip Op 02660

The People of the State of New York, Respondent, v. Gerald Howard, Appellant.

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

Decided May 6, 2020.

Ordered that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid because the Supreme Court's colloquy mischaracterized the appellate rights waived as encompassing an absolute bar to the taking of a direct appeal and the loss of attendant rights to counsel and poor person relief (see People v Thomas, 34 N.Y.3d 545, 565 [2019]; People v McDowell, 181 A.D.3d 716 [2020]) and failed...

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