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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL SHANE HALE, Appellant.

Ordered that the judgment is affirmed.

The form signed by the defendant, which purported to constitute a waiver of his right to appeal, was insufficient to establish that he knowingly, intelligently, and voluntarily waived his right to appeal from his sentence on the ground of excessiveness ( see People v. Brown, 13 AD3d 548, 549; People v. Rose, 236 AD2d 637; People v. Rolon, 220 AD2d 543). Accordingly, we have considered the defendant's contention that the sentence was excessive but find it to be without merit ( see People v. Suitte, 90 AD2d 80).

The defendant's remaining contentions, including those raised in his supplemental pro se brief and amended supplemental pro se brief, are also without merit.

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PEOPLE v. HALE
(Jun 20, 2006)