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PEOPLE v. SANCHEZ

4934, 1665/14.

155 A.D.3d 511 (2017)

65 N.Y.S.3d 38

2017 NY Slip Op 08193

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO SANCHEZ, Appellant.

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

Decided November 21, 2017.

A defendant forfeits his right to appellate review of a CPL 30.30 motion upon a guilty plea (see People v O'Brien, 56 N.Y.2d 1009 [1982], citing People v Suarez, 55 N.Y.2d 940 [1982]). However, here, the record is clear that the court misadvised defendant that he could pursue his 30.30 claim on appeal of a guilty plea (see People v Williams, 123 A.D.3d 1376

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