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PEOPLE v. STEWART

2020-02481.

200 A.D.3d 723 (2021)

154 N.Y.S.3d 843

2021 NY Slip Op 06710

The People of the State of New York, Respondent, v. James Stewart, Appellant.

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

Decided December 1, 2021.

Attorney(s) appearing for the Case

Joseph F. DeFelice , Kew Gardens, NY, for appellant.

Joyce A. Smith , Acting District Attorney, Mineola, NY ( Judith R. Sternberg and Madeline Collins of counsel), for respondent.

Austin, J.P., Miller, Wooten and Zayas, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's purported waiver of his right to appeal was invalid because the Supreme Court's oral colloquy mischaracterized the appellate rights waived as encompassing a bar to filing an appellate brief and the loss of attendant rights to counsel and poor person relief (see People v Kaye, 190 A.D.3d 767, 767-768 [2021]). Nevertheless, the defendant's contention that he was denied...

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