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PEOPLE v. SAUNDERS

2019-04006, Ind. No. 18-00091.

206 A.D.3d 826 (2022)

168 N.Y.S.3d 348

2022 NY Slip Op 03910

The People of the State of New York, Respondent, v. Nathaniel Saunders, Appellant.

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

Decided June 15, 2022.

Attorney(s) appearing for the Case

James D. Licata, New City, NY (Lois Cappelletti of counsel), for appellant.

Thomas E. Walsh II, District Attorney, New City, NY (Carrie A. Ciganek and Renada N. Lewis of counsel), for respondent.

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

Ordered that the judgment is affirmed.

The record does not establish that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bisono, 36 N.Y.3d 1013, 1017 [2020]; People v Thomas, 34 N.Y.3d 545, 566 [2019]). The County Court's colloquy and the written waiver form mischaracterized the nature of the right to appeal by stating that the defendant's sentence and conviction would be final (see People v Velez...

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