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PEOPLE v. AUGHTRY

1286 KA 16-02358.

167 A.D.3d 1548 (2018)

90 N.Y.S.3d 450

2018 NY Slip Op 08824

The People of the State of New York, Respondent, v. Frizell Aughtry, Appellant.

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

Decided December 21, 2018.

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

Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of three counts of burglary in the third degree (Penal Law § 140.20). We agree with defendant that his waiver of the right to appeal his conviction does not encompass his challenge to the severity of the sentence (see People v Maracle,

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