How has the waiver process been interpreted in the courts?
"New York", United States of America
The following excerpt is from People v. Bisono, 140 N.Y.S.3d 433, 164 N.E.3d 239, 36 N.Y.3d 1013 (N.Y. 2020):
Appellate courts, without further guidance as to how to weigh these "misstatements," have in many cases identified a singlenow fatalflaw in the waiver process with only a passing reference to our decision in Thomas. For example, in People v. Dixon, 184 A.D.3d 854, 855 [2d Dept. 2020], lv denied 35 N.Y.3d 1065, 129 N.Y.S.3d 405, 152 N.E.3d 1206 [2020] ), the court noted that,
[164 N.E.3d 244]
[140 N.Y.S.3d 438]
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