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THE PEOPLE, etc., respondent, v. JAMES C. MONK, appellant. (Ind. No. 98-00135)

DECISION ORDER

ORDERED that the judgment is affirmed.

The record demonstrates that without any limitation, the defendant knowingly, intelligently, and voluntarily waived his right to appeal his conviction and sentence (see, People v. Moissett, 76 N.Y.2d 909 ; People v. Seaberg, 74 N.Y.2d 1 ). That valid waiver precludes appellate review of the denial of that branch of the defendant's omnibus motion which was to suppress identification evidence (see, People v. Kemp, N.Y.2d [Dec. 2, 1999]; People v. Brathwaite, 263 A.D.2d 89 [2d Dept., Jan. 18, 2000]; People v. Allen, 267 A.D.2d 1063 [4th Dept., Dec. 30, 1999]; People v. Perez, 267 A.D.2d 335 [2d Dept., Dec. 13, 1999]; People v. Earnshaw, 262 A.D.2d 579 ). Furthermore, since the defendant was informed of the maximum sentence that could be imposed if he failed to comply with the conditions of the plea agreement, the general waiver of his right to appeal encompasses his claim that the enhanced sentence imposed by the court was excessive (see, People v. Miles, 268 A.D.2d 490 [2d Dept., Jan. 18, 2000]).

S. MILLER, J.P., KRAUSMAN, FLORIO, and H. MILLER, JJ., concur.

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PEOPLE v. MONK
(Mar 23, 2000)