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PEOPLE v. CARTER

Ind. Nos. 48/18, 2366/18. Appeal No. 15002. Case No. 2019-797.

201 A.D.3d 484 (2022)

156 N.Y.S.3d 835

2022 NY Slip Op 00142

The People of the State of New York, Respondent, v. Aubrey Carter, Appellant.

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

Decided January 11, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Bryan S. Furst of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Samuel Z. Goldfine of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Moulton, Kennedy, Scarpulla, 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 review of his excessive sentence claim. In any event, we perceive no basis for reducing the sentence. However, based on our own interest of justice powers and the People's consent, we vacate the surcharge and fees...

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