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PEOPLE v. MITCHELL

2020-01498. Ind. No. 1152/19.

201 A.D.3d 818 (2022)

157 N.Y.S.3d 388

2022 NY Slip Op 00317

The People of the State of New York, Respondent, v. Karreem U. Mitchell, Appellant.

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

Decided January 19, 2022.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Lynn W. L. Fahey of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Devin G. McGowan on the brief), for respondent.

Rivera, J.P., Christopher, Wooten and Zayas, JJ., concur.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating so much of the sentence as imposed mandatory surcharges and fees; as so modified, the judgment is affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal was invalid, since the Supreme Court's colloquy mischaracterized the appellate rights waived as encompassing...

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