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PEOPLE v. BAILEY

2018-06052. Ind. No. 17-00726.

200 A.D.3d 703 (2021)

154 N.Y.S.3d 849

2021 NY Slip Op 06697

The People of the State of New York, Respondent, v. Joe Bailey, Appellant.

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

Decided December 1, 2021.

Attorney(s) appearing for the Case

Paul N. Weber , Cornwall, NY, for appellant.

David M. Hoovler , District Attorney, Middletown, NY ( Robert H. Middlemiss of counsel), for respondent.

Dillon, J.P., Iannacci, Christopher and Zayas, JJ., concur.

Ordered that the judgment is affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal was invalid (see People v Thomas, 34 N.Y.3d 545, 565-566 [2019]). The County Court's discussion of this issue during the plea proceeding mistakenly suggested that the waiver was an absolute bar to the taking of an appeal (see People v Momoh, 192 A.D.3d 915, 915-916 [2021]). That misconception was not corrected by the written...

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