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PEOPLE v. ROBERTS

2019-02957. 2019-02958.

191 A.D.3d 806 (2021)

138 N.Y.S.3d 371

2021 NY Slip Op 00878

The People of the State of New York, Respondent, v. Corey Roberts, Appellant.

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

Decided February 10, 2021.

Attorney(s) appearing for the Case

Craig S. Leeds , New York, NY, for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Camille O'Hara Gillespie of counsel; Marielle Burnett on the brief), for respondent.

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

Ordered that the judgments are affirmed.

The record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bradshaw, 18 N.Y.3d 257, 264 [2011]). The Supreme Court mischaracterized the nature of the right to appeal by incorrectly describing the scope of appellate review (see People v Thomas, 34 N.Y.3d 545, 563-566 [2019]), and the written waiver form...

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