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PEOPLE v. AYALA

2010-09355

112 A.D.3d 646 (2013)

975 N.Y.S.2d 889

2013 NY Slip Op 8094

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO AYALA, Appellant.

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

Decided December 4, 2013.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Hanophy, J.), imposed August 17, 2010, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

"When a trial court characterizes an appeal as one of the many rights automatically extinguished upon entry of a guilty plea," a waiver of the right to appeal is invalid (People v Lopez, 6 N.Y.3d 248

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