PEOPLE v. PAGAN

1058 KA 18-00407.

200 A.D.3d 1724 (2021)

155 N.Y.S.3d 915

2021 NY Slip Op 07435

The People of the State of New York, Respondent, v. Hector I. Pagan, Appellant.

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

Decided December 23, 2021.


Attorney(s) appearing for the Case

LEANNE LAPP , PUBLIC DEFENDER, CANANDAIGUA, D.J. & J.A. CIRANDO, PLLC, SYRACUSE ( REBECCA L. KONST OF COUNSEL), FOR DEFENDANT-APPELLANT.

JAMES B. RITTS , DISTRICT ATTORNEY, CANANDAIGUA ( V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Lindley, NeMoyer and Bannister, 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 three counts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1]), defendant contends that his waiver of the right to appeal is unenforceable. We agree. The waiver of the right to appeal is invalid because, among other reasons, County Court's oral waiver colloquy and...

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