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PEOPLE v. RABIDOU

2020-01519. Ind. No. 2347/19.

214 A.D.3d 1004 (2023)

184 N.Y.S.3d 605

2023 NY Slip Op 01692

The People of the State of New York, Respondent, v. Donald Rabidou, Appellant.

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

Decided March 29, 2023.

Attorney(s) appearing for the Case

Twyla Carter , New York, NY ( Harold V. Ferguson, Jr. , of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Ronald Eniclerico 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 Supreme Court, Queens County (Deborah Stevens Modica, J.), imposed January 28, 2020, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal was invalid. The defendant's written waiver mischaracterized...

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