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PEOPLE v. AQUINO

2018-02499. Ind. No. 4713/16.

184 A.D.3d 656 (2020)

123 N.Y.S.3d 513

2020 NY Slip Op 03241

The People of the State of New York, Respondent, v. Leila Aquino, Appellant.

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

Decided June 10, 2020.

Ordered that the sentence is affirmed.

The defendant's purported waiver of her right to appeal was invalid (see People v Thomas, 34 N.Y.3d 545 [2019]; People v Brown, 122 A.D.3d 133, 146 [2014]). The record does not demonstrate that the defendant understood that the appellate rights she was waiving were separate and distinct from the rights she was waiving by entering her plea of guilty. Thus, "the record fails to...

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