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PEOPLE v. SMALL

2019-09897. Ind. No. 17-00986.

203 A.D.3d 756 (2022)

160 N.Y.S.3d 651

2022 NY Slip Op 01327

The People of the State of New York, Respondent, v. Paul Small, Appellant.

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

Decided March 2, 2022.

Attorney(s) appearing for the Case

Jerry F. Kebrdle II , White Plains, NY, for appellant.

Miriam E. Rocah , District Attorney, White Plains, NY ( Christine DiSalvo and William C. Milaccio of counsel), for respondent.

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

Ordered that the judgment is affirmed.

Contrary to the People's contention, the defendant's purported waiver of the right to appeal was invalid. The record reflects that the County Court made its own offer of sentence to the defendant and required the defendant to waive his right to appeal, without setting forth any reason for demanding an appeal waiver (see People v Esposito, 187 A.D.3d 781 [2020]; People v Sutton, 184 A.D.3d 236, 244-245 [2020]). Moreover...

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