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PEOPLE v. ESPOSITO

2018-01842. Ind. No. 349/16.

187 A.D.3d 781 (2020)

130 N.Y.S.3d 331

2020 NY Slip Op 05524

The People of the State of New York, Respondent, v. Andrew Esposito, Appellant.

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

Decided October 7, 2020.

Ordered that the sentence is affirmed.

Contrary to the People's contention, the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Lopez, 6 N.Y.3d 248, 256 [2006]). The record reflects that the Supreme Court made its own offer of sentence to the defendant and required that the defendant waive his right...

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