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PEOPLE v. MARINELLI

2021-03271.

205 A.D.3d 734 (2022)

165 N.Y.S.3d 717

2022 NY Slip Op 03008

The People of the State of New York, Respondent, v. Gregg Marinelli, Appellant.

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

Decided May 4, 2022.

Attorney(s) appearing for the Case

Law Offices of Michael Pollok, PLLC, Red Hook, NY, for appellant.

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

Iannacci, J.P., Miller, Maltese and Dowling, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's purported waiver of his right to appeal was invalid. The County Court mischaracterized the nature of the right to appeal by stating that the defendant's convictions and sentence would be final (see People v Shanks, 37 N.Y.3d 244, 252 [2021]; People v Bisono, 36 N.Y.3d 1013, 1017-1018 [2020]; People v Bradshaw, 18 N.Y.3d 257, 264 [2011]), and the written...

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