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THE PEOPLE, ETC., RESPONDENT, v. RONALD IORIO, APPELLANT. (Ind. No. 72/98)

DECISION ORDER

ORDERED that the judgment is affirmed.

Where a plea allocution demonstrates a knowing, voluntary, and intelligent waiver of the right to appeal, intended to cover all aspects of the case, and no constitutional or statutory mandate or public policy concern prohibits its acceptance, the waiver will be upheld completely (see, People v. Kemp, 94 N.Y.2d 832, 833; People v. Muniz, 91 N.Y.2d 570, 575). Such a waiver, as here, encompasses a challenge to the severity of the sentence (see, People v. Lococo, 92 N.Y.2d 825; People v. Hidalgo, 91 N.Y.2d 733).

The defendant's contentions raised in his supplemental pro se brief were similarly waived.

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PEOPLE v. IORIO
(Oct 10, 2000)