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PEOPLE v. CAMPBELL

559 KA 18-01549.

196 A.D.3d 1064 (2021)

147 N.Y.S.3d 485

2021 NY Slip Op 04307

The People of the State of New York, Respondent, v. Dawn Campbell, Appellant.

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

Decided July 9, 2021.

Attorney(s) appearing for the Case

MARK D. FUNK , CONFLICT DEFENDER, ROCHESTER ( CAROLYN WALTHER OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( DEREK HARNSBERGER OF COUNSEL), FOR RESPONDENT.

Present—Peradotto, J.P., Carni, Lindley, Curran and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting her upon a plea of guilty of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10[1]), defendant contends, and the People correctly concede, that her waiver of the right to appeal is invalid because Supreme Court "mischaracterized it as an `absolute bar' to the taking...

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