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THE PEOPLE, ETC., RESPONDENT, v. JOHN POWELL, APPELLANT. (Ind. No. 3786/97)

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he voluntarily, knowingly, and intelligently waived his right to appeal (see, People v. Seaberg, 74 N.Y.2d 1). His waiver precludes appellate review of the issues he raises regarding the sentence imposed (see, People v. Hidalgo, 91 N.Y.2d 733).

The defendant's waiver does not encompass his challenge to the voluntariness of his plea (see, People v. Seaberg, supra). However, that contention is unpreserved for appellate review because the defendant never moved to withdraw his plea or vacate the judgment (see, People v. Lopez, 71 N.Y.2d 662; People v. Higgs, 266 A.D.2d 233; People v. Graham, 261 A.D.2d 414). In any event, the record demonstrates that the plea was entered voluntarily, knowingly, and intelligently (see, People v. Standley, 269 A.D.2d 614 [2d Dept., Feb. 28, 2000]).

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PEOPLE v. POWELL
(Jul 26, 2000)