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PEOPLE v. RUFFINO
Appellate Division of the Supreme Court of New York, Second Department.
Mar 17, 2000
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DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contentions regarding the adequacy of the plea allocution and the effectiveness of his counsel are unpreserved for appellate review, as he did not move in the Supreme Court either to withdraw his plea or vacate the judgment on those grounds (see, People v. Pellegrino, 60 N.Y.2d 636; People v. Leo, 255 A.D.2d 458). In any event, his contentions are without merit.
The defendant's waiver of his right to appeal precludes review of his claim that the sentence is excessive (see, People v. Hidalgo, 91 N.Y.2d 733).
O'BRIEN, J.P., ALTMAN, FRIEDMANN, McGINITY, and SMITH, JJ., concur.
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