PEOPLE v. BRAYE

108051.

161 A.D.3d 1381 (2018)

73 N.Y.S.3d 768

2018 NY Slip Op 03562

The People of the State of New York, Respondent, v. Kevin Braye, Also Known as Blind, Appellant.

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

Decided May 17, 2018.


Defendant pleaded guilty to criminal sale of a controlled substance in the third degree and purportedly waived his right to appeal. As part of the plea agreement, defendant was advised that he would be sentenced to no less than five years but no more than six years in prison. County Court thereafter sentenced him, as a second felony offender, to six years in prison, to be followed by 1 ½ years of postrelease supervision. Defendant now appeals.

Initially, although...

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