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PEOPLE v. CARRASCO

2742/03, 10086.

176 A.D.3d 503 (2019)

108 N.Y.S.3d 346

2019 NY Slip Op 07370

The People of the State of New York, Respondent, v. Jose A. Carrasco, Appellant.

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

Decided October 15, 2019.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Anjali Pathmanathan of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Waleska Suero Garcia of counsel), for respondent.

Concur—Sweeny, J.P., Tom, Mazzarelli, Oing, Singh, JJ.

Initially, we decline to exercise our discretion (see People v Perez, 23 N.Y.3d 89, 101 [2014]) to dismiss this appeal on the ground of "failure of timely prosecution or perfection thereof" (CPL 470.60[1]). The People concede that, if the appeal is not being dismissed, defendant's guilty plea should be vacated because he was not informed at any time before sentencing that if he violated the conditions of the plea agreement, the enhanced...

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