PEOPLE v. MELENDEZ

Ind. No. 783/17. Appeal No. 14973. Case No. 2018-2023.

201 A.D.3d 444 (2022)

159 N.Y.S.3d 55

2022 NY Slip Op 00056

The People of the State of New York, Respondent, v. Jesus Melendez, Appellant.

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

Decided January 6, 2022.


Attorney(s) appearing for the Case

Center for Appellate Litigation, New York ( Robert S. Dean of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Shane Magnetti of counsel), for respondent.

Concur—Webber, J.P., Friedman, Oing, Moulton, Kennedy, JJ.


Defendant's claim that his plea must be vacated because the court misadvised him regarding his sentencing exposure, and the plea was therefore not knowing and voluntary, is unpreserved for appellate review. At the time of defendant's plea, the court stated that if, as stated by the People, defendant was a predicate felon, he faced a minimum sentence of six years if convicted of the top count of the indictment, criminal possession of a controlled substance in the second degree...

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