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PEOPLE v. CORTEZ

S.C.I. No. 2294/15 2016-13395.

160 A.D.3d 893 (2018)

71 N.Y.S.3d 887

2018 NY Slip Op 02644

The People of the State of New York, Respondent, v. Erick Cortez, Appellant.

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

Decided April 18, 2018.

Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by reducing the definite term of imprisonment from one year to 364 days.

Under the circumstances of this case, the defendant's waiver of the right to appeal was invalid (see People v Laboy, 153 A.D.3d 1363 [2017]). The plea court's terse oral colloquy regarding the waiver of the right to appeal was insufficient, by itself, to ensure...

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