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PEOPLE v. SANTIAGO

Ind. No. 2459/17. Appeal No. 16286. Case No. 2019-2869.

208 A.D.3d 1112 (2022)

175 N.Y.S.3d 36

2022 NY Slip Op 05288

The People of the State of New York, Respondent, v. Tony Santiago, Appellant.

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel, The Legal Aid Society, New York (Naila S. Siddiqui of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Reva Grace Phillips of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Friedman, Scarpulla, Mendez, JJ.

Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 N.Y.3d 545, 559 [2019], cert denied 589 US ___, 140 S.Ct. 2634 [2020]), which forecloses review of the harshness or excessiveness of his sentence. As an alternative holding, we find no basis for reducing the sentence, including the two-year term of post-release supervision.

Defendant's waiver of the right to appeal also precludes review of his argument that the mandatory surcharge...

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