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PEOPLE v. ARIAS

2016-02406, Ind. No. 1977/15.

176 A.D.3d 966 (2019)

108 N.Y.S.3d 349

2019 NY Slip Op 07409

The People of the State of New York, Respondent, v. Louis H. Arias, Appellant.

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

Decided October 16, 2019.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Mark W. Vorkink of counsel), for appellant.

John M. Ryan , Acting District Attorney, Kew Gardens, NY ( John M. Castellano and Johnnette Traill of counsel; Deanna Russo on the memorandum), for respondent.

Balkin, J.P., Chambers, Cohen, Barros and Connolly, JJ., concur.

Ordered that the sentence is affirmed.

Although the Supreme Court misstated the law by informing the defendant that the appeal waiver would preclude him from challenging his competency or raising issues that might affect the voluntariness of his plea (see People v Seaberg, 74 N.Y.2d 1, 10 [1989]; People v Waldon, 157 A.D.3d 913, 914 [2018]), the court's overly broad explanation of...

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