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PEOPLE v. MITCHELL

2015-03656. Ind. No. 5714/13.

153 A.D.3d 939 (2017)

58 N.Y.S.3d 863

2017 NY Slip Op 06379

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

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

Decided August 30, 2017.

Ordered that the sentence is affirmed.

Contrary to the People's contention, under the circumstances of this case, the defendant's waiver of the right to appeal does not preclude appellate review of his claim that the sentence imposed was excessive. The plea colloquy fails to establish that the defendant knowingly, voluntarily, and intelligently waived his right to appeal the severity of his sentence (see People v Maracle, 19 N.Y.3d 925

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