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PEOPLE v. BLACK

2014-05804, Ind. No. 1829/11.

144 A.D.3d 935 (2016)

2016 NY Slip Op 07670

41 N.Y.S.3d 126

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARVIN BLACK, Appellant.

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

Decided November 16, 2016.

Ordered that the judgment is affirmed.

The defendant is correct that his waiver of the right to appeal is unenforceable. The record does not demonstrate that the defendant understood the distinction between the right to appeal and other trial rights forfeited incident to his plea of guilty (see People v Pacheco, 138 A.D.3d 1035, 1036 [2016]; People v Gordon, 127 A.D.3d 1230, 1230...

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