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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON CABA, Appellant.

The record establishes that defendant's waiver of his right to appeal was knowingly, intelligently and voluntarily made, and that the waiver encompassed his excessive sentence claim ( People v. Hidalgo, 91 NY2d 733). Therefore, defendant "elect[ed] to foreclose review of [his] negotiated sentence" ( People v. Seaberg, 74 NY2d 1, 10). In any event, were we to find that defendant did not validly waive his right to appeal, we would perceive no basis for reducing the sentence.

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PEOPLE v. CABA
(Nov 18, 2004)