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PEOPLE v. JACKSON

Ind. No. 2872/12. Appeal No. 13909. Case No. 2015-944.

194 A.D.3d 622 (2021)

148 N.Y.S.3d 204

2021 NY Slip Op 03288

The People of the State of New York, Respondent, v. Ronald Jackson, Appellant.

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

Decided May 25, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Matthew Bova of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Sheila O'Shea of counsel), for respondent.

Concur—Renwick, J.P., Gische, Webber, Scarpulla, JJ.

Defendant's waiver of his right to counsel was invalid, because the record "does not sufficiently demonstrate that defendant was aware of his actual sentencing exposure" (People v Rodriguez, 158 A.D.3d 143, 152 [1st Dept 2018], lv denied 31 N.Y.3d 1017 [2018]). "The critical consideration is defendant's knowledge at the point in time when he first waived his right to counsel"; the court...

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