PEOPLE v. COLON

1195 KA 14-01414.

178 A.D.3d 1445 (2019)

113 N.Y.S.3d 629

2019 NY Slip Op 09193

The People of the State of New York, Respondent, v. Michael A. Colon, Appellant.

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

Decided December 20, 2019.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( BENJAMIN L. NELSON OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( STEPHEN X. O'BRIEN , OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Carni, Lindley, Curran and Troutman, JJ.


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

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal sexual act in the first degree (Penal Law § 130.50[3]), defendant contends that his waiver of the right to appeal is not valid. We agree inasmuch as "the purported waiver was obtained at sentencing, and there is no indication that Supreme Court obtained...

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