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PEOPLE v. FAHEY

2019-02474. Ind. No. 1368/17.

200 A.D.3d 978 (2021)

158 N.Y.S.3d 247

2021 NY Slip Op 07284

The People of the State of New York, Respondent, v. Michael J. Fahey, Appellant.

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

Decided December 22, 2021.

Attorney(s) appearing for the Case

Andrew E. MacAskill , Garden City, NY, for appellant.

Joyce A. Smith , Acting District Attorney, Mineola, NY ( Cristin N. Connell of counsel; Matthew C. Frankel on the brief), for respondent.

Dillon, J.P., Barros, Wooten and Zayas, JJ., concur.

Ordered that the judgment is affirmed.

Considering the totality of the circumstances, including the defendant's relatively limited experience with the criminal justice system, the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived the right to appeal (see People v Adyl K., 187 A.D.3d 1208, 1209 [2020]; People v Zaffuto, 138 A.D.3d 1156

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