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PEOPLE v. CARRION

65 A.D.3d 693 (2009)

884 N.Y.S.2d 483

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JONATHAN CARRION, Appellant.

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

Decided August 25, 2009.

Ordered that the judgment is affirmed.

The County Court did not sufficiently advise the defendant of the ramifications of waiving his right to appeal (see People v Lopez, 6 N.Y.3d 248 [2006]). Accordingly, the defendant's purported oral waiver of his right to appeal was invalid.

The defendant's challenge to the procedure pursuant to which he was sentenced as a second felony offender (see CPL 400.21) is unpreserved...

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