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PEOPLE v. HERNANDEZ-GARCIA

2018-06184. Ind. No. 2367/16.

203 A.D.3d 751 (2022)

160 N.Y.S.3d 654

2022 NY Slip Op 01319

The People of the State of New York, Respondent, v. Francisco Hernandez-Garcia, Appellant.

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

Decided March 2, 2022.

Attorney(s) appearing for the Case

Patricia Pazner, New York, NY (Anna Kou of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Roni C. Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent.

Connolly, J.P., Rivera, Miller and Ford, JJ., concur.

Ordered that the sentence is affirmed.

Contrary to the People's contention, the record does not establish that the defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v Thomas, 34 N.Y.3d 545 [2019]; People v Bradshaw, 18 N.Y.3d 257, 264 [2011], citing People v Lopez, 6 N.Y.3d 248, 256 [2006]; People v Christopher B., 184 A.D.3d...

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