PEOPLE v. OQUENDO

9617, 1090/09.

105 A.D.3d 447 (2013)

963 N.Y.S.2d 71

2013 NY Slip Op 2320

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE OQUENDO, Appellant.

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

Decided April 4, 2013.


Judgment, Supreme Court, Bronx County (Eugene Oliver, J.), rendered September 16, 2011, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of six years, to be followed by five years of postrelease supervision, unanimously affirmed.

We find that defendant's purported waiver of his right to appeal was invalid. At the plea proceeding, the court told defendant that the promised...

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