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PEOPLE v. BUMPARS

1017 KA 18-00258.

178 A.D.3d 1379 (2019)

2019 NY Slip Op 09134

The People of the State of New York, Respondent, v. Devante A. Bumpars, Appellant.

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

Decided December 20, 2019.

Attorney(s) appearing for the Case

CHARLES J. GREENBERG, AMHERST, FOR DEFENDANT-APPELLANT.

KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (HARMONY A. HEALY OF COUNSEL), FOR RESPONDENT.

Present— Peradotto, J.P., Carni, Lindley, NeMoyer and Troutman, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a plea of guilty of assault in the first degree (Penal Law § 120.10[4]), defendant contends, inter alia, that his waiver of the right to appeal is invalid. We agree inasmuch as the record fails to "`establish that the defendant understood...

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