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PEOPLE v. FOFONA

Ind. Nos. 1659/17, 2352/18. Dkt. No. 17098C/18. Appeal No. 14823-4823A. Case Nos. 2019-05450, 2019-1920, 2019-05448.

200 A.D.3d 502 (2021)

155 N.Y.S.3d 89

2021 NY Slip Op 06928

The People of the State of New York, Respondent, v. Oumar Fofona, Also Known as Oumar Fofana, Appellant.

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

Decided December 9, 2021.

Attorney(s) appearing for the Case

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

Darcel D. Clark , District Attorney, Bronx ( Robert L. Myers , of counsel), for respondent.

Concur—Kapnick, J.P., Moulton, González, Rodriguez, Pitt, JJ.

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 his challenge to the denial of youthful offender treatment and review of his excessive sentence claim. As an alternative holding, we find that the court providently exercised its discretion in denying youthful offender...

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