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PEOPLE v. MORRISON

2019-08894.

199 A.D.3d 707 (2021)

153 N.Y.S.3d 902

2021 NY Slip Op 05987

The People of the State of New York, Respondent, v. Clive T. Morrison, Appellant.

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

Decided November 3, 2021.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Lynn W. L. Fahey of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill and Christopher Blira-Koessler of counsel; Jordan Miller on the memorandum), for respondent.

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

Ordered that the sentence is affirmed.

Contrary to the People's contention, 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 defendant's written waiver of the right to appeal misstated the applicable law and was misleading and further misstated that the defendant...

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