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PEOPLE v. SANTILLAN

2019-11587. Ind. No. 10122/19.

200 A.D.3d 1074 (2021)

155 N.Y.S.3d 821

2021 NY Slip Op 07562

The People of the State of New York, Respondent, v. Sergio Santillan, Appellant.

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

Decided December 29, 2021.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Lynn W. L. Fahey of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill and Roni Piplani of counsel; Jacob Aboodi on the brief), for respondent.

Miller, J.P., Barros, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating so much of the sentence as imposed mandatory surcharges and fees; as so modified, the judgment is affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal was invalid. The defendant's written waiver incorrectly stated that the appeal waiver included a forfeiture...

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