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PEOPLE v. JACKSON

Appellate Division of the Supreme Court of New York, First Department.
Mar 31, 2009

Defendant made a valid and enforceable waiver of the right to appeal ( see People v Lopez, 6 NY3d 248, 256-257). Defendant had extensive discussions with counsel prior to the plea ( see People v Moissett, 76 NY2d 909), and the court did not conflate the right to appeal with the rights automatically waived by pleading guilty. This valid waiver forecloses review of defendant's suppression and excessive sentence claims. As an alternative holding ( see People v Callahan, 80 NY2d 273, 285), we reject those claims on the merits.