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PEOPLE v. PITT

2018-09329. Ind. No. 17-00044.

198 A.D.3d 929 (2021)

152 N.Y.S.3d 826

2021 NY Slip Op 05727

The People of the State of New York, Respondent, v. James Pitt, Appellant.

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

Decided October 20, 2021.

Attorney(s) appearing for the Case

Thomas E. Walsh II , District Attorney, New City, NY ( Carrie A. Ciganek of counsel), for respondent.

Warren S. Hecht , Forest Hills, NY, for appellant.

Chambers, J.P., Austin, Duffy, Barros and Ford, JJ., concur.

Ordered that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid. The written waiver of the right to appeal form that the defendant signed misstated the applicable law and was misleading (see People v Butler, 49 A.D.3d 894, 895 [2008]). Moreover, the County Court's colloquy at the plea proceeding relating to the defendant's waiver of his right to appeal failed to remedy the misleading...

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