PEOPLE v. GRAZIANO

2018-02023. Ind. No. 497/16.

186 A.D.3d 853 (2020)

127 N.Y.S.3d 328

2020 NY Slip Op 04764

The People of the State of New York, Respondent, v. Kimberly Graziano, Appellant.

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

Decided August 26, 2020.


Ordered that the sentence is affirmed.

The defendant did not validly waive the right to appeal, since the Supreme Court failed to explain the nature of the right to appeal and the consequences of waiving that right on the record (see People v Parrish, 179 A.D.3d 841 [2020]). Thus, appellate review of her contention that the sentence imposed was excessive is not precluded by the purported waiver.

However,...

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