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PEOPLE v. KEARNEY

266 A.D.2d 862 (1999)

698 N.Y.S.2d 193

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL KEARNEY, Appellant.

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

Decided November 12, 1999.

Judgment unanimously affirmed.

Memorandum:

The negotiated sentence is neither unduly harsh nor severe (see, People v Kohler, 147 A.D.2d 937, lv denied 73 N.Y.2d 1017). Contrary to the contention of the People, defendant need not preserve his right to appeal the harshness of the negotiated sentence (see, People v Pollenz, 67 N.Y.2d 264...

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