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PEOPLE v. BYNUM

2015-07636, Ind. No. 7009/14.

142 A.D.3d 1183 (2016)

37 N.Y.S.3d 904

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE BYNUM, Appellant.

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

Decided September 28, 2016.

Ordered that the sentence is affirmed.

The record of the plea proceeding is inadequate to demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, and thus, the purported waiver of his right to appeal is not enforceable (see People v Matos, 102 A.D.3d 890, 891 [2013]). Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80...

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