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PEOPLE v. PELLEW

2019-06193. Ind. No. 6443/18.

187 A.D.3d 1060 (2020)

131 N.Y.S.3d 266

2020 NY Slip Op 05939

The People of the State of New York, Respondent, v. Gavin Pellew, Appellant.

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

Decided October 21, 2020.

Ordered that the sentence is affirmed.

Contrary to the People's contention, the record does not reflect that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 N.Y.3d 545, 566 [2019]). The Supreme Court's colloquy and the written waiver "mischaracterized the appellate rights waived as encompassing an absolute bar to the taking of a direct appeal and the loss of attendant rights to counsel and poor person...

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