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PEOPLE v. ACOSTA

Ind. No. 3559/16. Appeal No. 12580A. Case No. 2018-4665.

189 A.D.3d 508 (2020)

133 N.Y.S.3d 807

2020 NY Slip Op 07466

The People of the State of New York, Respondent, v. Jose Acosta, Appellant.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Jan Hoth of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Andrew E. Seewald of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Webber, Kern, Singh, JJ.

Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 N.Y.3d 545 [2019], cert denied 589 US ___, 140 S.Ct. 2634 [2020]; People v Bryant, 28 N.Y.3d 1094, 1096 [2016]). The combination of the court's oral colloquy with defendant, and the detailed written waiver that he signed after consultation with counsel, separated the right to appeal from the rights automatically forfeited by a guilty plea...

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