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People v. Ortizcora

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 25, 2018
2018 N.Y. Slip Op. 5495 (N.Y. App. Div. 2018)

Opinion

2016-01790 Ind. No. 3134/13

07-25-2018

The PEOPLE, etc., respondent, v. Marcos ORTIZCORA, appellant.

Paul Skip Laisure, New York, N.Y. (William Kastin of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher J. Blira–Koessler of counsel; Deanna Russo on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (William Kastin of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher J. Blira–Koessler of counsel; Deanna Russo on the memorandum), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Ronald D. Hollie, J.), imposed February 1, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

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, 69 N.Y.S.3d 510 ; People v. Wells, 135 A.D.3d 976, 22 N.Y.S.3d 913 ). However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

BALKIN, J.P., CHAMBERS, ROMAN, MALTESE and CONNOLLY, JJ., concur.


Summaries of

People v. Ortizcora

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 25, 2018
2018 N.Y. Slip Op. 5495 (N.Y. App. Div. 2018)
Case details for

People v. Ortizcora

Case Details

Full title:The People of the State of New York, respondent, v. Marcos Ortizcora…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Jul 25, 2018

Citations

2018 N.Y. Slip Op. 5495 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 5495

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