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THE PEOPLE, ETC., respondent, v. TARIF MALIK, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his waiver of his right to appeal was voluntary, knowing, and intelligent, and encompassed the denial of those branches of his motion which were to suppress identification testimony and physical evidence ( see People v. Kemp, 94 N.Y.2d 831; People v. Miller, 306 A.D.2d 294; People v. Hussain, 309 A.D.2d 818, lv denied 1 N.Y.3d 598).

ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.

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PEOPLE v. MALIK
(Apr 5, 2004)