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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. FREDERICK RAY, DEFENDANT-APPELLANT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Contrary to the contention of defendant, the record establishes that his waiver of the right to appeal was knowing, intelligent and voluntary ( see People v. Moissett, 76 N.Y.2d 909, 910-911; cf. People v. Brown, 296 A.D.2d 860, lv denied 98 N.Y.2d 767), and that waiver encompasses his contentions with respect to County Court's suppression ruling ( see People v. Kemp, 94 N.Y.2d 831, 833) and the severity of the sentence ( see People v. Hidalgo, 91 N.Y.2d 733, 737).

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PEOPLE v. RAY
(Jul 3, 2003)