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PEOPLE v. HILL

577 KA 20-00787.

207 A.D.3d 1089 (2022)

169 N.Y.S.3d 564

2022 NY Slip Op 04265

The People of the State of New York, Respondent, v. Howard Hill, Jr., Appellant.

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

Decided July 1, 2022.

Attorney(s) appearing for the Case

LEANNE LAPP , PUBLIC DEFENDER, CANANDAIGUA ( CARA A. WALDMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

JAMES B. RITTS , DISTRICT ATTORNEY, CANANDAIGUA ( V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Centra, Peradotto, Curran and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1]) and assault on a police officer (§ 120.08), defendant contends that his waiver of the right to appeal is unenforceable. We agree. The waiver is "unenforceable because County Court mischaracterized it as an absolute...

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