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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES SHAW, Appellant.

MEMORANDUM AND ORDER

In satisfaction of a three-count indictment, defendant pleaded guilty to the crime of burglary in the second degree and executed an unrestricted waiver of his right to appeal. He was sentenced to a prison term of eight years and four years' postrelease supervision. In view of defendant's waiver of his right to appeal as part of the plea agreement, his challenge to the sentence as harsh and excessive is not preserved for our review (see People v. Hidalgo, 91 N.Y.2d 733, 737; People v. Allen, 301 A.D.2d 874, 875, lv denied 99 N.Y.2d 652).

Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ., concur.

ORDERED that the judgment is affirmed.

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PEOPLE v. SHAW
(Oct 30, 2003)