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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. ALBERT BURNICE, DEFENDANT-APPELLANT.

Memorandum:

Defendant's contention concerning the severity of the enhanced sentence imposed after defendant violated the conditions of his release pending sentencing does not survive defendant' s unrestricted waiver of the right to appeal ( see, People v. Miles, ___ A.D.2d ___ [decided Jan. 18, 2000]; People v. Perham, 263 A.D.2d 766, lv denied 93 N.Y.2d 1045; People v. Lagas, 245 A.D.2d 1087, lv denied 92 N.Y.2d 855; People v. Lee, 236 A.D.2d 213, lv denied 89 N.Y.2d 1037). In any event, the sentence is not unduly harsh or severe.

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PEOPLE v. BURNICE
(May 10, 2000)