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PEOPLE v. KELLY

2018-09896. Ind. No. 1561/13.

208 A.D.3d 1250 (2022)

174 N.Y.S.3d 269

2022 NY Slip Op 05218

The People of the State of New York, Respondent, v. Lorenzo Kelly, Appellant.

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

Decided September 21, 2022.

Attorney(s) appearing for the Case

Marianne Karas , Thornwood, NY, for appellant.

Anne T. Donnelly , District Attorney, Mineola, NY ( Jason R. Richards and Libbi L. Vilher of counsel), for respondent.

Dillon, J.P., Duffy, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the order is affirmed insofar as appealed from.

Contrary to the Supreme Court's determination, the defendant did not forfeit his right to seek review of an alleged Brady violation (see Brady v Maryland, 373 U.S. 83 [1963]) by pleading guilty (see People v Fisher, 28 N.Y.3d 717, 722 [2017]; People v Wilson, 159 A.D.3d 1600

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