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PEOPLE v. KELLY

2022-01254.

209 A.D.3d 762 (2022)

174 N.Y.S.3d 879

2022 NY Slip Op 05709

The People of the State of New York, Respondent, v. Richard G. Kelly, Appellant.

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

Decided October 12, 2022.

Attorney(s) appearing for the Case

Anthony DeFazio Law, P.C., Beacon, NY, for appellant.

William V. Grady , District Attorney, Poughkeepsie, NY ( Kirsten A. Rappleyea of counsel), for respondent.

Connolly, J.P., Iannacci, Wooten and Wan, JJ., concur.

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Dutchess County (Jessica Segal, J.), imposed February 10, 2022, upon his plea of guilty, on the ground that the sentence was illegal or, alternatively, excessive.

Ordered that the sentence is affirmed.

Contrary to the defendant's contention, the sentence was not imposed on the basis of materially untrue assumptions or misinformation (see People v Naranjo,

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