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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK McCARTHY, Appellant.

Ordered that the judgment is affirmed.

The defendant voluntarily, knowingly, and intelligently entered his plea of guilty ( see People v Fiumefreddo, 82 NY2d 536, 543-547; People v Sioleski, 21 AD3d 501, 502; People v Leo, 255 AD2d 458, 459) and waived his right to appeal as part of his plea agreement ( see People v Kemp, 94 NY2d 831, 833; People v Ciatto, 290 AD2d 560), precluding review of his challenge to the factual sufficiency of his plea allocution ( see People v Mydosh, 27 AD3d 580; People v Curras, 1 AD3d 445, 446; People v Green, 200 AD2d 687).

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PEOPLE v. McCARTHY
(Jul 15, 2008)