PEOPLE v. DAVID

110623.

200 A.D.3d 1394 (2021)

155 N.Y.S.3d 832

2021 NY Slip Op 07319

The People of the State of New York, Respondent, v. Brian J. David, Appellant.

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

Decided December 23, 2021.


Attorney(s) appearing for the Case

Edward S. Graves , Indian Lake, for appellant.

Andrew J. Wylie , District Attorney, Plattsburgh ( Jaime A. Douthat of counsel), for respondent.

Garry, P.J., Egan Jr., Clark, Pritzker and Reynolds Fitzgerald, JJ., concur.


In satisfaction of a three-count indictment, defendant pleaded guilty to burglary in the second degree and agreed to waive his right to appeal. County Court sentenced defendant in accord with the plea agreement to a prison term of four years followed by five years of postrelease supervision. Defendant appeals.

Defendant contends that he is not precluded from challenging the severity of the sentence imposed because the waiver of the right to appeal is invalid. We agree...

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