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PEOPLE v. CLARK

2021-09449. Ind. No. 1551/19.

217 A.D.3d 964 (2023)

190 N.Y.S.3d 163

2023 NY Slip Op 03474

The People of the State of New York, Respondent, v. Daniel W. Clark, Appellant.

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

Decided June 28, 2023.

Attorney(s) appearing for the Case

Laurette D. Mulry , Riverhead, NY ( Amanda E. Schaefer of counsel), for appellant.

Raymond A. Tierney , District Attorney, Riverhead, NY ( Meaghan Powers of counsel), for respondent.

Duffy, J.P., Christopher, Wooten and Voutsinas, JJ., concur.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County (Chris Ann Kelley, J.), imposed August 6, 2021, 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 record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Lopez,

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