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PEOPLE v. MACK

2015-05138, Ind. No. 5900/12.

142 A.D.3d 1185 (2016)

37 N.Y.S.3d 903

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAMAR MACK, Appellant.

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

Decided September 28, 2016.

Ordered that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid because, among other things, the Supreme Court's oral colloquy improperly conflated the right to appeal with the rights automatically forfeited by a guilty plea (see People v Flores, 139 A.D.3d 753, 753 [2016]; People v Wells, 135 A.D.3d 976, 976 [2016]).

Nevertheless...

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