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PEOPLE v. CHEATHAM

278 A.D.2d 889 (2000)

718 N.Y.S.2d 913

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER CHEATHAM, Appellant.

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

Decided December 27, 2000.

Judgment unanimously affirmed.

Memorandum:

Defendant contends that Supreme Court failed to exercise its discretion in resentencing him following a violation of probation. Although defendant's waiver of the right to appeal does not encompass defendant's resentencing following a violation of probation (see, People v Rodriguez, 259 A.D.2d 1040), we conclude that the court did not fail to exercise its discretion in resentencing...

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