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PEOPLE v. JENNINGS

60 A.D.3d 694 (2009)

874 N.Y.S.2d 553

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRANDON JENNINGS, Appellant.

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

Decided March 3, 2009.

Ordered that the judgment is affirmed.

While the defendant correctly asserts that a claim of illegality of a sentence survives the entry of a plea of guilty and the waiver of the right to appeal (see People v Nicholas, 8 A.D.3d 300, 300 [2004]; see also People v Seaberg, 74 N.Y.2d 1, 9 [1989]), here, despite the manner in which the defendant frames his argument, the defendant is...

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