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PEOPLE v. ARRIAZA-ORTEGA

2022-04025. Ind. No. 164/20.

216 A.D.3d 1175 (2023)

190 N.Y.S.3d 432

2023 NY Slip Op 02886

The People of the State of New York, Respondent, v. Jose Arriaza-Ortega, Appellant.

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

Decided May 31, 2023.

Attorney(s) appearing for the Case

James D. Licata , New City, NY ( Lois Cappelletti of counsel), for appellant.

Thomas E. Walsh II , District Attorney, New City, NY ( Carrie A. Ciganek of counsel), for respondent.

Connolly, J.P., Brathwaite Nelson, Maltese and Christopher, JJ., concur.

Appeal by the defendant from a judgment of the County Court, Rockland County (Kevin F. Russo, J.), rendered August 10, 2021, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the People's contention, the defendant did not validly waive his right to appeal the excessiveness of the sentence imposed (see People v Moye, 164 A.D.3d 698

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