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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. ANTHONY McLEMORE, 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, 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).

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PEOPLE v. McLEMORE
(Mar 21, 2003)