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PEOPLE v. MERCHANT

Ind. No. 2277/16. Appeal No. 16343. Case No. 2019-05126.

209 A.D.3d 453 (2022)

174 N.Y.S.3d 845

2022 NY Slip Op 05619

The People of the State of New York, Respondent, v. Scott Merchant, Appellant.

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

Decided October 6, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Christopher Michael Pederson of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, Kennedy, Pitt, JJ.

Judgment, Supreme Court, Bronx County (Ralph Fabrizio, J., at speedy trial motion; Miriam R. Best, J., at plea and sentencing), rendered November 12, 2019, convicting defendant of assault in the second degree, and sentencing him, as a second felony offender, to a term of 3½ years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 N.Y.3d 545 [2019], cert denied 589 US ___, 140 S.Ct. 2634 [2020]; ...

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