PEOPLE v. GIGLIOTTI

138 KA 16-02357.

169 A.D.3d 1478 (2019)

91 N.Y.S.3d 911

2019 NY Slip Op 01013

The People of the State of New York, Respondent, v. Leah Gigliotti, Appellant.

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

Decided February 8, 2019.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of kidnapping in the second degree (Penal Law § 135.20). We agree with defendant that her waiver of the right to appeal does not encompass her challenge to the severity of the sentence. "[N]o mention was made on the record during the course of the allocution concerning the waiver of defendant's right...

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