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PEOPLE v. BISONO

No. 97 SSM 14. No. 98 SSM 15. No. 99 SSM 16. No. 100 SSM 17. No. 106 SSM 18. No. 101 SSM 19. No. 102 SSM 20. No. 103 SSM 21. No. 104 SSM 22. No. 105 SSM 28.

36 N.Y.3d 1013 (2020)

2020 NY Slip Op 07484

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE L. BISONO, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TREVIS D. BAKER, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY R. MAGEE, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSHUA L. MILLER, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TODD DANIELS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ZESTRA HARDIN, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOLIS OGANDO, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSHUA D. BIASELLI, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISAIAS TORRES, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LANCE RODRIGUEZ, Appellant.

Court of Appeals of New York.

Decided December 15, 2020.

Attorney(s) appearing for the Case

Paul Skip Laisure , Appellate Advocates, New York City ( A. Alexander Donn of counsel), for appellant in the first above-entitled action.

Melinda Katz , District Attorney, Kew Gardens ( Christopher Blira-Koessler of counsel), for respondent in the first above-entitled action.

Legal Aid Bureau of Buffalo, Inc., Buffalo ( James M. Specyal of counsel), for appellant in the second above-entitled action.

Joseph V. Cardone , District Attorney, Albion ( Susan M. Howard of counsel), for respondent in the second above-entitled action.

Legal Aid Bureau of Buffalo, Inc., Buffalo ( James M. Specyal of counsel), for appellant in the third above-entitled action.

Joseph V. Cardone , District Attorney, Albion, for respondent in the third above-entitled action.

Legal Aid Bureau of Buffalo, Inc., Buffalo ( Kaixi Xu of counsel), for appellant in the fourth above-entitled action.

Joseph V. Cardone , District Attorney, Albion ( Susan M. Howard of counsel), for respondent in the fourth above-entitled action.

Paul Skip Laisure , Appellate Advocates, New York City ( Benjamin Welikson of counsel), for appellant in the fifth above-entitled action.

Eric Gonzalez , District Attorney, Brooklyn ( Denise Pavlides of counsel), for respondent in the fifth above-entitled action.

The Legal Aid Society, New York City ( Simon Greenberg of counsel), for appellant in the sixth above-entitled action.

Melinda Katz , District Attorney, Kew Gardens ( Danielle S. Fenn of counsel), for respondent in the sixth above-entitled action.

Paul Skip Laisure , Appellate Advocates, New York City ( Alice R. B. Cullina of counsel), for appellant in the seventh above-entitled action.

Melinda Katz , District Attorney, Kew Gardens ( Danielle S. Fenn of counsel), for respondent in the seventh above-entitled action.

The Abbatoy Law Firm, PLLC, Rochester ( David M. Abbatoy, Jr. of counsel), for New York State Association of Criminal Defense Lawyers and others, amici curiae in the seventh above-entitled action.

Legal Aid Bureau of Buffalo, Inc., Buffalo ( Allyson Kehl-Wierzbowski of counsel), for appellant in the eighth above-entitled action.

Respondent in the eighth above-entitled action, precluded.

The Legal Aid Society, New York City ( Dalourny Nemorin of counsel), for appellant in the ninth above-entitled action.

Melinda Katz , District Attorney, Kew Gardens ( William H. Branigan of counsel), for respondent in the ninth above-entitled action.

Paul Skip Laisure , Appellate Advocates, New York City ( Sean Nuttal of counsel), for appellant in the tenth above-entitled action.

Melinda Katz , District Attorney, Kew Gardens ( Rachel N. Houle of counsel), for respondent in the tenth above-entitled action.

The Abbatoy Law Firm, PLLC, Rochester ( David M. Abbatoy, Jr. of counsel), for New York State Association of Criminal Defense Lawyers and others, amici curiae in the tenth above-entitled action.

OPINION OF THE COURT

MEMORANDUM.

In each appeal, the order of the Appellate Division should be reversed and the case remitted to that Court for further proceedings in accordance with this memorandum.

The waivers of the right to appeal were invalid and unenforceable pursuant to our analysis in People v Thomas (34 N.Y.3d 545 [2019]). It is well-settled that "a waiver of the right to appeal is not an absolute bar to the taking of a first-tier...

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