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PEOPLE v. PORTILLO

2017-01767. Ind. No. 1090/14.

178 A.D.3d 860 (2019)

111 N.Y.S.3d 859

2019 NY Slip Op 08873

The People of the State of New York, Respondent, v. Jaime Portillo, Appellant.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Ronald Zapata of counsel), for appellant.

John M. Ryan , Acting District Attorney, Kew Gardens, NY ( John M. Castellano , Johnnette Traill , and Roni Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent.

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

Ordered that the sentence is affirmed.

The defendant's purported waiver of the right to appeal was invalid and, thus, does not preclude appellate review of his excessive sentence claim (see People v Lopez, 6 N.Y.3d 248, 257 [2006]). The Supreme Court's colloquy did not ensure that the defendant understood the distinction between the right to appeal and the other trial rights which are forfeited incident to a plea of guilty...

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