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PEOPLE v. ALVAREZ

Ind. No. 354/17. Appeal No. 16853. Case No. 2019-5869.

212 A.D.3d 417 (2023)

179 N.Y.S.3d 571

2023 NY Slip Op 00041

The People of the State of New York, Respondent, v. Justin Alvarez, Appellant.

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

Decided January 5, 2023.

Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( Robin Richardson of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Katherine Triffon of counsel), for respondent.

Concur—Kern, J.P., Gesmer, Kennedy, Scarpulla, Rodriguez, JJ.

Judgment, Supreme Court, Bronx County (Barry E. Warhit, J.), rendered March 20, 2019, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to five years' probation, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 N.Y.3d 545, 559 [2019], cert denied 589 US ___, 140 S.Ct. 2634 [2020]; People v Lopez,

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