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PEOPLE v. ORTIZCORA

2016-01790. Ind. No. 3134/13.

163 A.D.3d 1001 (2018)

77 N.Y.S.3d 642

2018 NY Slip Op 05495

The People of the State of New York, Respondent, v. Marcos Ortizcora, Appellant.

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

Decided July 25, 2018.

Ordered that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid because the Supreme Court's oral colloquy improperly conflated the right to appeal with the rights automatically forfeited by a plea of guilty (see People v Resnick, 159 A.D.3d 724 [2018]; People v Wells, 135 A.D.3d 976 [2016]). However, the sentence imposed was not excessive...

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