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PEOPLE v. COSME

Ind. No. 747/15. Appeal No. 15175. Case No. 2018-5425.

202 A.D.3d 521 (2022)

162 N.Y.S.3d 59

2022 NY Slip Op 00952

The People of the State of New York, Respondent, v. Samuel Cosme, Appellant.

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

Decided February 10, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Harold V. Ferguson, Jr. of counsel), for appellant.

Concur—Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.

Counsel's letter to defendant explaining to him the expected consequences of counsel's Saunders brief was inadequate because it was written in English while the record reflects that defendant was aided by an interpreter at the plea proceeding, his signed waiver of the right to appeal was in Spanish, and there is nothing to indicate that defendant understood counsel's letter or that anything was done to communicate its substance...

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