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PEOPLE v. SAMUELS

Ind. Nos. 2353/16, 1768/18. Appeal No. 14142-14142A. Case No. 2019-3850.

195 A.D.3d 570 (2021)

146 N.Y.S.3d 483

2021 NY Slip Op 04107

The People of the State of New York, Respondent, v. Carleton Samuels, Appellant.

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

Decided June 29, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Megan D. Byrne of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Robert Myers of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Mazzarelli, Shulman, JJ.

Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 N.Y.3d 545 [2019], cert denied 589 US ___, 140 S.Ct. 2634 [2020]; People v Bryant, 28 N.Y.3d 1094, 1096 [2016]). The plea court adequately described the right to appeal while separating it from the rights forfeited by a guilty plea. Even if the court required the waiver sua sponte, this Court "has not adopted the Second Department's requirement...

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