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PEOPLE v. CABA

Appellate Division of the Supreme Court of New York, First Department.
Nov 18, 2004

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.