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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NESTA RENDON, Appellant.

Ordered that the sentence is affirmed.

We find that the defendant's purported waiver of the right to appeal his sentence is not valid (see, People v. Pressley, 202 A.D.2d 695; People v. Markland, 183 A.D.2d 788; see generally, People v. DeSimone, 80 N.Y.2d 273, 282-283).

We have examined the defendant's contention that his sentence is excessive and find it to be without merit (see, People v Kazepis, 101 A.D.2d 816). Mangano, P.J., Thompson, Sullivan, O'Brien and Hart, JJ., concur.

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PEOPLE v. RENDON
(Oct 24, 1994)