PEOPLE v. PARILLA


33 A.D.3d 363 (2006)

821 N.Y.S.2d 599

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT PARILLA, Appellant.

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

Decided October 5, 2006.


Defendant, who made a valid waiver of his right to appeal, claims that his attorney rendered ineffective assistance by failing to move to dismiss the indictment as time-barred, and that the court improperly enhanced the sentence it promised at the time of the plea. Regardless of whether or not these claims go to the voluntariness of the plea and thus survive the appeal waiver (see People v Denny, 95 N.Y.2d 921, 923 [2000]), we find...

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