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PEOPLE v. CONTRERAS

2018-11654. Ind. No. 9343/17.

183 A.D.3d 759 (2020)

121 N.Y.S.3d 665

2020 NY Slip Op 02805

The People of the State of New York, Respondent, v. Juan Contreras, Appellant.

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

Decided May 13, 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 waiver of the right to appeal by stating that the defendant's sentence and conviction would be final (see People v Thomas, 34 N.Y.3d 545, 565 [2019]), and the written...

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