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PEOPLE v. ODOM

2015-11015. Ind. No. 929/14.

164 A.D.3d 1475 (2018)

83 N.Y.S.3d 624

2018 NY Slip Op 06270

The People of the State of New York, Respondent, v. Tyrone Odom, Appellant.

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

Decided September 26, 2018.

Ordered that the judgment is affirmed.

"[A] waiver [of the right to appeal] is ineffective where the court mischaracterizes the nature of the right to appeal" (People v Leach, 26 N.Y.3d 1154, 1155 [2016]). Here, during the plea allocution, the Supreme Court stated: "Ordinarily, after a trial you would have the right to appeal ... But when you plead guilty, you are agreeing to give up your right to appeal." The court's explanation...

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