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PEOPLE v. ZELAZNY

Ind. No. 5403/16. Appeal No. 14196. Case No. 2019-2352.

197 A.D.3d 1052 (2021)

151 N.Y.S.3d 873

2021 NY Slip Op 05101

The People of the State of New York, Respondent, v. Sandra Zelazny, Appellant.

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

Decided September 28, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Brittany N. Francis of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Kerry Fulham of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Pitt, JJ.

Defendant made a valid waiver of her right to appeal (see People v Thomas, 34 N.Y.3d 545 [2019], cert denied 589 US ___, 140 S.Ct. 2634 [2020]; People v Bryant, 28 N.Y.3d 1094 [2016]), which forecloses review of her excessive sentence claim. Regardless of the validity of defendant's appeal waiver, we perceive no basis for reducing the sentence.

The People concede that defendant's conviction of third-degree assault...

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