People v. Sanchez

Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered November 24, 2015, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 10 years, unanimously reversed, on the law, the plea vacated, and the matter remanded for further proceedings.

A defendant forfeits his right to appellate review of a CPL 30.30 motion upon a guilty plea (see People v O’Brien, 56 NY2d 1009 [1982], citing People v Suarez, 55 NY2d 940 [1982]). However, here, the record is clear that the court misadvised…