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PEOPLE v. SCOTT

Ind. No. 18-00379. 2019-12819. 2019-12820. 2019-12821.

199 A.D.3d 721 (2021)

153 N.Y.S.3d 883

2021 NY Slip Op 05995

The People of the State of New York, Respondent, v. Joshua Scott, Appellant.

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

Decided November 3, 2021.

Attorney(s) appearing for the Case

Philip H. Schnabel , Chester, NY, for appellant.

David M. Hoovler , District Attorney, Goshen, NY ( Edward D. Saslaw of counsel), for respondent.

Mastro, J.P., Austin, Duffy and Connolly, JJ., concur.

Ordered that the judgments are affirmed.

Contrary to the People's contention, the record does not demonstrate that the defendant waived his right to appeal knowingly, intelligently, and voluntarily (see People v Thomas, 34 N.Y.3d 545 [2019]; People v Bradshaw, 18 N.Y.3d 257, 264 [2011]). The County Court's colloquies mischaracterized the nature of the appeal waiver as an absolute bar to taking a direct appeal (see...

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