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PEOPLE v. SECK

2015-05213. Ind. No. 32/14.

167 A.D.3d 782 (2018)

89 N.Y.S.3d 276

2018 NY Slip Op 08511

The People of the State of New York, Respondent, v. Abdourahman Seck, Appellant.

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

Decided December 12, 2018.

Ordered that the sentence is affirmed.

Initially, the People's contention that the defendant's appeal must be dismissed pursuant to CPL 450.10 (1) is without merit (see People v Pollenz, 67 N.Y.2d 264 [1986]; see also People v Swen, 164 A.D.3d 926 [2018]).

"A waiver of the right to appeal is effective only so long as the record demonstrates that it was made knowingly, intelligently...

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