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PEOPLE v. FIELDS

63 A.D.3d 547 (2009)

880 N.Y.S.2d 482

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID FIELDS, Appellant.

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

Decided June 18, 2009.

The record does not establish a valid waiver of defendant's right to appeal. There was no oral discussion of such a waiver, and, unlike the written waiver upheld in People v Ramos (7 N.Y.3d 737 [2006]), the reference to a waiver contained in defendant's written plea agreement was entirely perfunctory.

We find the sentence excessive to the extent...

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