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THE PEOPLE, ETC., respondent, v. AVERY J. MONTES, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently entered into the plea agreement and the concomitant waiver of the right to appeal. Consequently, the defendant waived all non-jurisdictional defects in the proceedings (cf. People v. Bray, 154 A.D.2d 692, 696).

FEUERSTEIN, J.P., KRAUSMAN, McGINITY and MASTRO, JJ., concur.

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PEOPLE v. MONTES
(Feb 24, 2003)