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PEOPLE v. COSS

Appellate Division of the Supreme Court of New York, Second Department.
Oct 27, 2003
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DECISION ORDER

ORDERED that the judgments are affirmed.

Contrary to the defendant's contention, the pleas and the waivers of the right to appeal were knowingly, voluntarily, and intelligently made ( see People v. Seaberg, 74 N.Y.2d 1; People v. Harris, 61 N.Y.2d 9). Indeed, the defendant's contention that he was coerced into accepting the plea agreements is belied by his responses to the County Court's inquiry at the plea proceeding ( see People v. Charles, 256 A.D.2d 472, 473).

As a result of executing a general waiver of his right to appeal, the defendant effectively waived his right to claim that the sentences imposed were excessive ( see People v. Allen, 82 N.Y.2d 761, 763). Furthermore, no basis exists to reach the claim in the exercise of this court's interest of justice jurisdiction.

The defendant's remaining contention has likewise been waived ( see People v. Porter, 268 A.D.2d 603).

FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.