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PEOPLE v. BAKER

2020-07736, 2020-07740. Ind. No. 641/19.

204 A.D.3d 824 (2022)

164 N.Y.S.3d 470

2022 NY Slip Op 02426

The People of the State of New York, Respondent, v. Terrell Baker, Appellant.

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

Thomas R. Villecco, Jericho, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (Alexander J. H. Ochoa and Andrew R. Kass of counsel), for respondent.

Connolly, J.P., Roman, Christopher and Ford, JJ., concur.

Ordered that the judgments are affirmed.

The record does not establish that the defendant's waiver of the right to appeal was knowing, voluntary, and intelligent, as the County Court mischaracterized the nature of the right to appeal by stating that the defendant's convictions and sentences would be final (see People v Shanks, 37 N.Y.3d 244, 252 [2021]; People v Bisono, 36 N.Y.3d 1013, 1017-1018 [2020]; People v Bradshaw, 18 N...

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