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Contrary to the People’s contention, the defendant did not validly waive his right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Holmes, 95 AD3d 1236 [2012]). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P., Skelos, Leventhal, Austin and Cohen, JJ., concur.
Document Info
Citation Numbers: 101 A.D.3d 756, 954 N.Y.2d 499
Filed Date: 12/5/2012
Precedential Status: Precedential
Modified Date: 10/19/2024