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THE PEOPLE, ETC., RESPONDENT, v. BRIAN SCOTT, APPELLANT. (IND. NO. 1769/93).

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contentions regarding ineffective assistance of counsel are either based upon matters which are dehors the record and cannot be reviewed on this appeal (see, People v. Clemens, 259 A.D.2d 758), or are without merit.

Appellate review of the remaining issues raised by the defendant, including those raised in his supplemental pro se brief, was effectively waived by him as part of his negotiated plea, which was voluntary, knowing, and intelligent (see, People v. Hidalgo, 91 N.Y.2d 733; People v. Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1).

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PEOPLE v. SCOTT
(Oct 16, 2000)