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PEOPLE v. DIALLO

2018-02341. 2018-02342.

196 A.D.3d 598 (2021)

147 N.Y.S.3d 454

2021 NY Slip Op 04369

The People of the State of New York, Respondent, v. Boubacar Diallo, Appellant.

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

Decided July 14, 2021.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( William Kastin of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Keith Dolan of counsel; Jong Hwa Ryu on the memorandum), for respondent.

Mastro, J.P., Chambers, Miller, Duffy and Wooten, JJ., concur.

Ordered that the sentences are affirmed.

Contrary to the People's contention, the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, since the Supreme Court did not discuss the appeal waivers until after the defendant had already admitted his guilt as part of the plea agreement (see People v Adyl K., 187 A.D.3d 1208, 1209 [2020]; People v Sutton, 184 A.D.3d 236, 245 [2020]). Further, although...

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