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PEOPLE v. LAWRENCE

2019-00714. Ind. No. 1888/16.

184 A.D.3d 587 (2020)

123 N.Y.S.3d 530

2020 NY Slip Op 03131

The People of the State of New York, Respondent, v. Michael J. Lawrence, Appellant.

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

Decided June 3, 2020.

Ordered that the sentence is affirmed.

We agree with the defendant that his written waiver of the right to appeal included incorrect statements of the applicable law (see People v Wilkinson, 176 A.D.3d 879, 880 [2019]). However, the Supreme Court's oral colloquy with the defendant at the plea proceeding was sufficient to remedy the misleading written waiver, and established a knowing, intelligent, and voluntary waiver of the right to appeal under the totality...

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