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PEOPLE v. HARRIS

297, 1215/13.

137 A.D.3d 514 (2016)

27 N.Y.S.3d 26

2016 NY Slip Op 01741

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TARSAUN HARRIS, Appellant.

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

Decided March 10, 2016.

Defendant did not waive his right to appeal from the judgment because the Court never advised defendant of the consequences of the appeal waiver, or spoke to defendant to ensure he understood the rights he was forfeiting by signing the waiver (see People v Oquendo, 105 A.D.3d 447 [1st Dept 2013], lv denied 21 N.Y.3d 1007 [2013]). Although defendant signed a written waiver, this "was no substitute...

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