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PEOPLE v. SMITH

6630, 3191/13.

161 A.D.3d 591 (2018)

73 N.Y.S.3d 877

2018 NY Slip Op 03647

The People of the State of New York, Respondent, v. Sean Smith, Appellant.

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

Decided May 22, 2018.

Defendant made a valid waiver of his right to appeal. The court's explanation of the waiver was nearly identical to the colloquy that was upheld by the Court of Appeals in People v Bryant (28 N.Y.3d 1094 [2016]). Defendant also signed a detailed written waiver, which clarified that he could not challenge his sentence on appeal as excessive. The waiver forecloses review of his claim relating to presentencing procedure (People v...

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