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PEOPLE v. JONES

2019-00963. Ind. No. 17-00423.

198 A.D.3d 985 (2021)

153 N.Y.S.3d 868

2021 NY Slip Op 05870

The People of the State of New York, Respondent, v. Donald Jones, Appellant.

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

Decided October 27, 2021.

Attorney(s) appearing for the Case

Thomas R. Villecco , Jericho, NY, for appellant.

David M. Hoovler , District Attorney, Goshen, NY ( Alexander J. H. Ochoa and Andrew R. Kass of counsel), for respondent.

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

Ordered that the judgment is affirmed.

The record does not establish that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bradshaw, 18 N.Y.3d 257 [2011]). The County Court's colloquy and the written appeal waiver form "mischaracterize[d] the nature or effect of a waiver that limits the scope of appellate review" (People v Christopher...

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