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PEOPLE v. GARCIA

2020-00587. Ind. No. 19-470.

203 A.D.3d 745 (2022)

160 N.Y.S.3d 647

2022 NY Slip Op 01314

The People of the State of New York, Respondent, v. Alfonso Nava Garcia, Appellant.

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

Decided March 2, 2022.

Attorney(s) appearing for the Case

Paul N. Weber, Jr. , Cornwall, NY, for appellant.

David M. Hoovler , District Attorney, Goshen, NY ( Alexander J. H. Ochoa and Andrew R. Kass of counsel), for respondent.

Brathwaite Nelson, J.P., Roman, Genovesi and Dowling, JJ., concur.

Ordered that the judgment is affirmed.

Contrary to the People's contention, the record does not establish that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bradshaw, 18 N.Y.3d 257, 264 [2011]). The County Court mischaracterized the nature of the right to appeal by stating that the defendant's conviction and sentence would be final (see People v Bisono, 36 N.Y.3d 1013...

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