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PEOPLE v. SHABAJ

2019-07920. Ind. No. 18-00684.

200 A.D.3d 722 (2021)

154 N.Y.S.3d 837

2021 NY Slip Op 06709

The People of the State of New York, Respondent, v. Gzim Shabaj, Appellant.

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

Decided December 1, 2021.

Attorney(s) appearing for the Case

Anthony N. Iannarelli, Jr. , New York, NY, for appellant.

David M. Hoovler , District Attorney, Goshen, NY ( Andrew R. Kass of counsel), 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 Brown, 195 A.D.3d 943, 943 [2021]; People v Burbridge, 194 A.D.3d 831, 832 [2021]). The County Court's oral colloquy mischaracterized the appellate rights waived as...

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