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PEOPLE v. HATCHETT

2019-13714, 2020-08581. Ind. No. 372/2018.

189 A.D.3d 1460 (2020)

134 N.Y.S.3d 725

2020 NY Slip Op 07916

The People of the State of New York, Respondent, v. Jovon J. Hatchett, Appellant.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Walter J. Storey , Goshen, NY, for appellant.

David M. Hoovler , District Attorney, Goshen, NY ( Andrew R. Kass of counsel), for respondent.

Dillon, J.P., Chambers, Austin, Hinds-Radix and Christopher, JJ., concur.

Ordered that the sentence and the amended sentence are affirmed.

The defendant's purported waiver of his right to appeal was invalid. The County Court's colloquy mischaracterized the scope of the appeal waiver by stating that the defendant's plea and sentence would not be reviewed by a higher court (see People v Thomas, 34 N.Y.3d 545, 561-564 [2019]; People v McDowell, 181 A.D.3d 716 [2020]), and "neither the ... ...

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