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PEOPLE v. TOLBERT

2011-11464

120 A.D.3d 1361 (2014)

991 N.Y.S.2d 903

2014 NY Slip Op 06216

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDIE TOLBERT, Appellant.

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

Decided September 17, 2014.

Ordered that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 N.Y.3d 257, 267 [2011]; People v Pressley, 116 A.D.3d 794 [2014]), and thus, does not preclude review of his claim that his sentence was excessive. However, contrary to the defendant's contention, the sentence imposed was not excessive (see People...

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