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PEOPLE v. PICKARD

216 A.D.2d 333 (1995)

627 N.Y.S.2d 988

The People of the State of New York, Respondent, v. Maria Pickard, Appellant

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

June 5, 1995

Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by vacating the 90-day term of imprisonment imposed as a concurrent condition of the defendant's probation; as so modified, the sentence is affirmed, and the matter is remitted for further proceedings pursuant to CPL 460.50 (5).

The defendant's waiver of her right to appeal is unenforceable (see, People v Leach, 203 A.D.2d 484

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