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PEOPLE v. McLEMORE

Appellate Division of the Supreme Court of New York, Fourth Department.
Mar 21, 2003
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, County Court "fully apprised him of his right to appeal and the consequences of his waiver of that right, which defendant indicated that he understood" (People v. Raquel, 238 A.D.2d 766, 767). Defendant's waiver of the right to appeal therefore is valid (see People v. Moissett, 76 N.Y.2d 909, 910-911), and that waiver encompasses defendant's double jeopardy claim (see People v. Muniz, 91 N.Y.2d 570, 574).