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PEOPLE v. MARIA M.

Nos. 8726, 1563/10.

102 A.D.3d 402 (2013)

955 N.Y.S.2d 877

2013 NY Slip Op 4

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIA M., Appellant.

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

Decided January 3, 2013.

Upon examination of the record, we conclude that it does not establish that defendant knowingly, voluntarily, and intelligently waived her right to appeal (see People v Bradshaw, 18 N.Y.3d 257, 265 [2011]). We are not advancing new precedent. Based upon facts unique to this case, we find that the record does not establish that the defendant understood that the waiver of right to appeal is "separate and distinct from those rights...

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