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PEOPLE v. FISNAR

212 A.D.2d 628 (1995)

623 N.Y.S.2d 144

The People of the State of New York, Respondent, v. Michael Fisnar, Appellant

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

February 14, 1995

Ordered that the amended sentence is affirmed.

The general waiver of appeal rights which the defendant executed at the plea proceeding on December 6, 1993, did not effectively waive his right to claim on appeal that the amended sentence was unlawful because it was not based on an updated pre-sentence report (see, CPL 390.20 [4]; People v Dorino, 200 A.D.2d 632).

Nonetheless, contrary to the defendant's contentions...

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