Majority
Defendant’s current appeal “from a resentence following an order vacating the original sentence” (CPL 450.30 [3]) does not bring up for review his present challenge to the voluntariness of his guilty plea (see CPL 450.30 [1]; People v Jordan, 16 NY3d 845 , 846 [2011]). In any event, that challenge is without merit, because at the time of his plea, defendant was clearly advised that his aggregate sentence would be 25 years to life (see People v Ferrell, 76 AD3d 938 [1st Dept 2010], lv. denied 15 NY3d 952 [2010]).
Concur — Mazzarelli, J.P., Andrias, Saxe, Moskowitz and Kahn, JJ.
Cases cited
- People v. Jordan 16 NY3d 845 at 846 p. 413