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PEOPLE v. MOJICA

2017-12103.

178 A.D.3d 856 (2019)

111 N.Y.S.3d 885

2019 NY Slip Op 08868

The People of the State of New York, Respondent, v. Raul Mojica, 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 ( Lynn W. L. Fahey of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Seth M. Lieberman of counsel; Marielle Burnett on the memorandum), for respondent.

Rivera, J.P., Maltese, Barros, Brathwaite Nelson and Iannacci, JJ., concur.

Ordered that the sentence is affirmed.

The defendant did not knowingly, voluntarily, and intelligently waive his right to appeal (see People v Bradshaw, 18 N.Y.3d 257, 264 [2011]; People v Lopez, 6 N.Y.3d 248, 256 [2006]). At the plea allocution, the Supreme Court failed to advise the defendant that he would ordinarily retain the right to appeal even after pleading guilty, but that...

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