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PEOPLE v. MENDEZ

2018-06259. 2019-02124.

202 A.D.3d 834 (2022)

158 N.Y.S.3d 868

2022 NY Slip Op 00882

The People of the State of New York, Respondent, v. Anthony Mendez, Appellant.

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

Decided February 9, 2022.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Caitlyn Carpenter of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , William H. Branigan , and Katherine A. Triffon of counsel), for respondent.

Dillon, J.P., Duffy, Christopher and Wooten, JJ., concur.

Ordered that the judgments are affirmed.

As the defendant correctly argues, the record demonstrates that he did not knowingly, voluntarily, and intelligently waive his right to appeal. The Supreme Court's oral colloquy mischaracterized the nature of the appeal waiver as an absolute bar to the taking of a direct appeal and a forfeiture of the attendant right to counsel and poor person relief (see People v Thomas,...

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