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PEOPLE v. VAUGHN

40 A.D.3d 1135 (2007)

834 N.Y.S.2d 880

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY VAUGHN, Appellant.

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

Decided May 29, 2007.

Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by reducing the determinate term of imprisonment of five years imposed upon the defendant's conviction to time served.

The defendant was incorrectly informed that his right to appeal did not include the right of appellate review of his sentence on the ground that it was excessive, and therefore the purported waiver of his right...

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