PEOPLE v. FRANCO

2009-10119.

104 A.D.3d 790 (2013)

960 N.Y.S.2d 507

2013 NY Slip Op 1570

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAIRO FRANCO, Appellant.

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

March 13, 2013.


Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered October 22, 2009, convicting him of rape in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Although a claim that a plea of guilty was not voluntary survives a valid waiver of the right to appeal (see People v Seaberg, 74 N.Y.2d 1, 10 [1989]), the defendant's contentions...

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