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THE PEOPLE, ETC., respondent, v. SEAN BARNES, appellant.

DECISION ORDER

ORDERED that the judgments are affirmed.

The defendant entered into a plea agreement pursuant to which he knowingly, intelligently, and voluntarily waived his right to appeal. The defendant's waiver of his right to appeal forecloses appellate review of his challenge to the denial of his motion to suppress statements he made to law enforcement officials ( see People v. Kemp, 94 N.Y.2d 831; People v. Arriaga, 294 A.D.2d 511). Similarly, the defendant's waiver of his right to appeal forecloses his claim that his sentence was harsh and excessive ( see People v. Hidalgo, 91 N.Y.2d 733; People v. Brathwaite, 263 A.D.2d 89, 92-93). Finally, the defendant was not denied the effective assistance of counsel ( see People v. Baldi, 54 N.Y.2d 137).

SANTUCCI, J.P., SMITH, LUCIANO, SCHMIDT and MASTRO, JJ., concur.

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PEOPLE v. BARNES
(Jun 30, 2003)