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PEOPLE v. BROWN

22 A.D.3d 237 (2005)

802 N.Y.S.2d 40

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID BROWN, True Name of DANIEL HAYNESWORTH, Also Known as KENNETH PURTER and DAVID RAYFORD, Appellant.

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

October 6, 2005.

Defendant's written waiver of his right to appeal his violation of probation conviction encompassed his excessive sentence claim (see People v Hidalgo, 91 N.Y.2d 733 [1998]). In any event, were we to find otherwise, we would perceive no basis for reducing the sentence, given the seriousness of defendant's criminal record. The resentencing court properly took into consideration the fact that defendant had fraudulently obtained a sentence...

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