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PEOPLE v. GARCIA

223 KA 21-00192.

203 A.D.3d 1585 (2022)

161 N.Y.S.3d 919

2022 NY Slip Op 01673

The People of the State of New York, Respondent, v. Angemar Garcia, Appellant.

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

Decided March 11, 2022.

Attorney(s) appearing for the Case

ROBERT M. GRAFF, LOCKPORT, FOR DEFENDANT-APPELLANT.

Present—Whalen, P.J., Smith, NeMoyer, Curran and Bannister, JJ.

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal sexual act in the first degree (Penal Law § 130.50[3]). We agree with defendant that his waiver of the right to appeal is invalid because Supreme Court "`conflated the right to appeal with those rights automatically forfeited by the guilty plea'" (People v Chambers, 176 A.D.3d...

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