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PEOPLE v. DAVIS

S.C.I. NO. 12-00182, 2016-04149.

149 A.D.3d 974 (2017)

2017 NY Slip Op 03012

50 N.Y.S.3d 309

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT DAVIS, Appellant.

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

Decided April 19, 2017.

Ordered that the amended judgment is affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal was invalid and, thus, does not preclude review of his excessive sentence claim (see People v Lopez, 6 N.Y.3d 248, 256 [2006]; People v Brown, 122 A.D.3d 133, 141 [2014]). However, the sentence imposed was not excessive (see People v Suitte...

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