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PEOPLE v. LANE

1220 KA 17-01807.

178 A.D.3d 1449 (2019)

112 N.Y.S.3d 646

2019 NY Slip Op 09199

The People of the State of New York, Respondent, v. Nickeisha S. Lane, Appellant.

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

Decided December 20, 2019.

Attorney(s) appearing for the Case

CHARLES J. GREENBERG , AMHERST, FOR DEFENDANT-APPELLANT.

MARK S. SINKIEWICZ , ACTING DISTRICT ATTORNEY, WATERLOO, FOR RESPONDENT.

Present—Carni, J.P., Lindley, Curran, Winslow and Bannister, JJ.

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

Memorandum: Defendant appeals from a judgment convicting her, upon her plea of guilty, of attempted promoting prison contraband in the first degree (Penal Law §§ 110.00, 205.25[1]). We agree with defendant that her waiver of the right to appeal does not encompass her challenge to the severity of the sentence (see People v Maracle, 19 N.Y.3d 925

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