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PEOPLE v. YANCEY

2019-04988. Ind. No. 16-00530.

204 A.D.3d 1044 (2022)

165 N.Y.S.3d 359

2022 NY Slip Op 02820

The People of the State of New York, Respondent, v. Hasan Yancey, Appellant.

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

Decided April 27, 2022.

Attorney(s) appearing for the Case

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

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

Brathwaite Nelson, J.P., Chambers, Wooten and Zayas, 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 because the County Court mischaracterized the appellate rights waived as encompassing an absolute bar to filing an appellate brief, and the loss of attendant rights to counsel and poor person relief (see People v Thomas, 34 N.Y.3d 545, 566 [2019]; People v Keith, 201 A.D.3d 738 [2022]). Moreover, the record reflects...

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