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PEOPLE v. BOUTON

103593.

107 A.D.3d 1035 (2013)

967 N.Y.S.2d 200

2013 NY Slip Op 4049

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SETH A. BOUTON, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 6, 2013.

McCarthy, J.

Defendant pleaded guilty to criminal mischief in the third degree in satisfaction of a four-count indictment and other pending charges. Under the terms of the plea agreement, he agreed to be sentenced to four months in jail followed by five years of probation, waive his right to appeal and pay restitution. Defendant appeals.

Initially, we agree with defendant that his waiver of appeal was invalid....

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