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PEOPLE v. SCHMIDINGER

1098 KA 18-00250.

177 A.D.3d 1397 (2019)

110 N.Y.S.3d 614

2019 NY Slip Op 08324

The People of the State of New York, Respondent, v. David Schmidinger, Appellant.

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

Decided November 15, 2019.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of murder in the second degree (Penal Law § 125.25[1]). Defendant correctly argues in his main brief that his waiver of the right to appeal is invalid because he pleaded guilty to the sole count of the indictment "`without receiving a sentencing commitment...

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