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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. SCOTT LUKE, DEFENDANT-APPELLANT.

Judgment unanimously affirmed.

Memorandum:

In stating on the record that defendant "should serve a long time and not be released to parole until it's absolutely mandatory", the sentencing court did not depart from the plea bargain or in effect impose a determinate term of nine years. Thus, contrary to defendant's contention, the indeterminate term of incarceration of 4½ to 9 years imposed by County Court is legal ( see, Penal Law § 70.04 [former (3), (4)]). Defendant's waiver of the right to appeal, which is valid and all-encompassing on its face ( see generally, People v. Kemp, 94 N.Y.2d 831, 833), bars consideration of defendant's challenge to the severity of the sentence ( see, People v. Lococo, 92 N.Y.2d 825, 827; People v. Hidalgo, 91 N.Y.2d 733, 737).

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PEOPLE v. LUKE
(Mar 21, 2001)