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PEOPLE v. PANTALEON

Ind. Nos. 97/15, 721/15, 721/15. Appeal No. 14657-14657A. No. M-03298. Case No. 2018-03592.

199 A.D.3d 532 (2021)

154 N.Y.S.3d 434

2021 NY Slip Op 06452

The People of the State of New York, Respondent, v. Kevin Pantaleon, Appellant.

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

Decided November 18, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Elizabeth G. Caldwell of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( R. Jeannie Campbell-Urban of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Oing, Moulton, Rodriguez, JJ.

We find defendant made a valid waiver of his 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, 1096 [2016]), which forecloses review of his excessive sentence claim. Even assuming the waiver was not valid, we perceive no basis for reducing the sentence. However, based on the People's consent as a matter of prosecutorial discretion...

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