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PEOPLE v. PADILLA

Ind. No. 2356/07. Appeal No. 15532. Case No. 2011-01450.

203 A.D.3d 550 (2022)

162 N.Y.S.3d 698

2022 NY Slip Op 01884

The People of the State of New York, Respondent, v. Gadiel Padilla, Also Known as Nery Ortiz, Appellant.

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

Decided March 17, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Shaina Watrous of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Felicia A. Yancey of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Friedman, Gesmer, Oing, JJ.

Defendant's waiver of his right to appeal was invalid because the court failed to provide defendant with any explanation of the rights he was waiving (see People v Bradshaw, 18 N.Y.3d 257, 264 [2011]). Nonetheless, the court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, including its evaluation of inconsistencies in testimony (see People v Prochilo,

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