Ordered that the judgment is modified, on the law, by vacating the imposition of a mandatory surcharge, DNA data bank fee, and crime victim assistance fee; as so modified, the judgment is affirmed.
We agree with the defendant that he did not validly waive his right to appeal, since the record fails to indicate that he understood the nature and consequences of the waiver, and the Supreme Court did not adequately distinguish the right to appeal from those trial rights...
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