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PEOPLE v. WHITE

2020-03968. Ind. No. 19-00191.

199 A.D.3d 843 (2021)

154 N.Y.S.3d 255

2021 NY Slip Op 06201

The People of the State of New York, Respondent, v. Justin White, Appellant.

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

Decided November 10, 2021.

Attorney(s) appearing for the Case

Alex Smith , Middletown, NY, for appellant.

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

Rivera, J.P., Christopher, Wooten and Zayas, 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 Brown, 195 A.D.3d 943, 943 [2021]; People v Burbridge, 194 A.D.3d 831, 832 [2021]), or that the appeal waiver still applied after the terms of the negotiated disposition of this case were materially altered (

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