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PEOPLE v. DIABY

104/16, 9244A, 1839/16, 9244.

172 A.D.3d 473 (2019)

97 N.Y.S.3d 861

2019 NY Slip Op 03660

The People of the State of New York, Respondent, v. Mohamed Diaby, Appellant.

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

Decided May 9, 2019.

Defendant did not preserve his claim that the court misapprehended whether it had discretion to impose concurrent sentences (see e.g. People v Hamlet, 227 A.D.2d 203 [1st Dept 1996], lv denied 88 N.Y.2d 1021 [1996]), and we decline to review it in the interest of justice. "While defendant characterizes his claim as one of unlawful sentencing, he is essentially arguing that a substantively...

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