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PEOPLE v. MURRAY

2005-05321

68 A.D.3d 896 (2009)

2009 NY Slip Op 9255

889 N.Y.S.2d 469

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES MURRAY, Appellant.

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

Decided December 8, 2009.

Ordered that the judgment is affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal cannot be considered knowing, voluntary, and intelligent, as the defendant was incorrectly informed that his right to appeal did not include the right to appellate review of his sentence on the ground that it was excessive (see People v Cruz, 54 A.D.3d 962...

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