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PEOPLE v. ABBOTT

2018-10520. Ind. No. 18-00124.

191 A.D.3d 796 (2021)

138 N.Y.S.3d 369

2021 NY Slip Op 00854

The People of the State of New York, Respondent, v. Anthony J. Abbott, Appellant.

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

Decided February 10, 2021.

Attorney(s) appearing for the Case

Philip H. Schnabel , Chester, NY, for appellant.

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

Rivera, J.P., Barros, Connolly, Brathwaite Nelson and Iannacci, JJ., concur.

Ordered that the judgment is affirmed.

Contrary to the People's contention, the defendant's purported appeal waiver was invalid. The County Court failed to ascertain that the defendant "understood the nature of the appellate rights being waived" and the consequences of waiving those rights (People v Thomas, 34 N.Y.3d 545, 559 [2019]; see People v Daniel, 188 A.D.3d 908 [2020]; People v Iglesias, 187...

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