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PEOPLE v. HOPE

2018-07862. Ind. No. 2841/17.

192 A.D.3d 1044 (2021)

141 N.Y.S.3d 317

2021 NY Slip Op 01787

The People of the State of New York, Respondent, v. Lester Hope, Appellant.

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

Decided March 24, 2021.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Denise A. Corsí of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Sholom J. Twersky of counsel), for respondent.

Chambers, J.P., Miller, LaSalle and Iannacci, JJ., concur.

Ordered that the judgment is affirmed.

Contrary to the People's contention, the record does not reflect that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bisono, 36 N.Y.3d 1013 [2020]; People v Thomas, 34 N.Y.3d 545, 566 [2019]). The Supreme Court's colloquy "mischaracterized the appellate rights waived as encompassing an absolute bar to the taking of a direct appeal and the loss of attendant rights...

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