PEOPLE v. STINSON

2019-02149. Ind. No. 465/18.

189 A.D.3d 1271 (2020)

134 N.Y.S.3d 200

2020 NY Slip Op 07599

The People of the State of New York, Respondent, v. Daquan Stinson, Appellant.

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

Decided December 16, 2020.


Attorney(s) appearing for the Case

Judith E. Permutt , Mount Vernon, NY, for appellant.

Anthony A. Scarpino, Jr. , District Attorney, White Plains, NY ( William C. Milaccio of counsel), for respondent.

Mastro, J.P., Miller, Duffy, LaSalle and Wooten, JJ., concur.


Ordered that the judgment is affirmed.

The record demonstrates that the defendant did not knowingly, voluntarily, and intelligently waive his right to appeal (see People v Thomas, 34 N.Y.3d 545, 559-565 [2019]). The County Court's oral colloquy mischaracterized the nature of the appeal waiver as an absolute bar to the taking of a direct appeal and a forfeiture of the attendant right to counsel and poor person relief (see People v Thomas, 34 NY3d at 565...

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