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PEOPLE v. CRUZ

732 KA 14-01976.

144 A.D.3d 1494 (2016)

2016 NY Slip Op 07422

40 N.Y.S.3d 860

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GILBERT CRUZ, Appellant.

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

Decided November 10, 2016.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of rape in the second degree (Penal Law § 130.30 [1]), defendant contends that his waiver of the right to appeal is not valid, and he challenges the severity of the sentence. We agree with defendant that the waiver of the right to appeal is invalid because Supreme...

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