Judgment unanimously modified on the law and as modified affirmed and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: We reject the People's contention that defendant waived his right to appeal his sentencing as a predicate felon without a hearing when he accepted the plea agreement. The right to challenge the legality of a sentence is not subject to waiver (see, People v Callahan,
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PEOPLE v. KILGORE
199 A.D.2d 1008 (1993)
608 N.Y.S.2d 12
The People of the State of New York, Respondent, v. Steven M. Kilgore, Appellant. (Appeal No. 1.)
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
December 29, 1993
December 29, 1993
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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