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PEOPLE v. RIZZO

2014-04431, Ind. No. 6637/13.

146 A.D.3d 904 (2017)

2017 NY Slip Op 00325

44 N.Y.S.3d 767

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

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

Decided January 18, 2017.

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 Lopez, 6 N.Y.3d 248, 257 [2006]; People v Brown, 122 A.D.3d 133, 145 [2014]), and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed...

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