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PEOPLE v. DEANS

2018-10502, 2018-10503. Ind. No. 14-00564.

198 A.D.3d 915 (2021)

152 N.Y.S.3d 844

2021 NY Slip Op 05712

The People of the State of New York, Respondent, v. Tashay D. Deans, Appellant.

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

Decided October 20, 2021.

Attorney(s) appearing for the Case

David M. Hoovler , District Attorney, Goshen, NY ( Andrew R. Kass of counsel), for respondent.

Anthony N. Iannarelli, Jr. , New York, NY, for appellant.

Rivera, J.P., Christopher, Wooten and Zayas, JJ., concur.

Ordered that the amended sentence and the sentence are affirmed.

Contrary to the People's contention, the record does not establish that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Burbridge, 194 A.D.3d 831, 832 [2021]). Accordingly, the purported waiver does not preclude this Court's review of the defendant's excessive sentence claims (see People v Dixon,

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