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PEOPLE v. MIRANDA

2006-06578. 2006-06579.

67 A.D.3d 709 (2009)

886 N.Y.S.2d 890

2009 NY Slip Op 08041

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDUARDO MIRANDA, Appellant.

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

Decided November 4, 2009.

Ordered that the judgments are affirmed.

As correctly conceded by the People, the defendant's purported waiver of his right to appeal was not valid because it was based on an incorrect statement of the law (see People v Brown, 13 A.D.3d 548, 549 [2004]; People v Rose, 236 A.D.2d 637 [1997]).

Contrary to the defendant's contention, however, defense counsel's statement that...

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