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PEOPLE v. DAVIS

2542, 4455/13.

145 A.D.3d 623 (2016)

2016 NY Slip Op 08934

42 N.Y.S.3d 823

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH DAVIS, Appellant.

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

Decided December 29, 2016.

The court's oral colloquy with defendant, viewed in conjunction with a written waiver, establishes a valid waiver of defendant's right to appeal (see People v Sanders, 25 N.Y.3d 337, 341 [2015]; People v Lopez, 6 N.Y.3d 248, 256-257 [2006]). This waiver forecloses review of defendant's claim relating to presentencing procedure.

Regardless of whether defendant validly waived his right...

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