PEOPLE v. METZLER

S.C.I. NO. 264/14, 2016-11758.

162 A.D.3d 687 (2018)

74 N.Y.S.3d 757

2018 NY Slip Op 04002

The People of the State of New York, Respondent, v. Robert M. Metzler, Appellant.

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

Decided June 6, 2018.


Ordered that the resentence is affirmed.

As the original sentence of the judgment of conviction rendered September 29, 2016, was superseded by the resentence imposed April 4, 2017, we have deemed the notice of appeal from the judgment to be a premature notice of appeal from the resentence (see CPL 460.10 [6]).

The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the resentence imposed was excessive (...

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