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PEOPLE v. THOMAS

9807. 1869/17. 9806.

174 A.D.3d 422 (2019)

101 N.Y.S.3d 840

2019 NY Slip Op 05469

The People of the State of New York, Respondent, v. Gioriver Thomas, Appellant.

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

Decided July 9, 2019.

Defendant's valid waiver of his right to appeal forecloses his present claims. Furthermore, independently of any appeal waiver, under the express terms of defendant's plea agreement, he was not entitled to litigate whether his performance of the requirements of the agreement was sufficient to merit a more lenient sentence. Instead, it was entirely within the People's discretion to make that determination, provided that they did...

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