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PEOPLE v. POWELL

2680/13, 1154, 1153.

140 A.D.3d 401 (2016)

30 N.Y.S.3d 873

2016 NY Slip Op 04296

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL POWELL, Appellant.

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

Decided June 2, 2016.

The written waiver of appeal signed by defendant, insofar as it expressly "waives any and all rights to appeal including the right to file a notice of appeal" (emphasis added) is unenforceable (see People v Santiago, 119 A.D.3d 484 [1st Dept 2014], lv denied 24 N.Y.3d 964 [2014]). Even though the waiver permits the filing of a notice of appeal for constitutional speedy trial claims...

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