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PEOPLE v. GAINES

278 A.D.2d 871 (2000)

718 N.Y.S.2d 674

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE GAINES, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided December 27, 2000.

Judgment unanimously affirmed.

Memorandum:

County Court properly sentenced defendant as a second felony offender (see, CPL 400.15 [3]; Penal Law § 70.04 [1] [b] [v]). The general unrestricted waiver by defendant of the right to appeal encompasses his challenge to the sentence as unduly harsh or severe (see, People v Hidalgo, 91 N.Y.2d 733, 737; People v Weiss...

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