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THE PEOPLE, ETC., respondent, v. EDDIE RODRIGUEZ, appellant. (Ind. No. 12665/97)

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the court did not improvidently exercise its discretion in denying his application to withdraw his plea of guilty without a hearing. The court conducted a sufficient inquiry into, and properly rejected, his unsupported and conclusory claims of ineffective assistance of counsel (see, People v. Alicea, 191 A.D.2d 702 ).

The defendant's corollary claim, that he was denied meaningful representation by counsel at the plea proceeding, is without merit (see, People v. Flores, 84 N.Y.2d 184, 186-187 ; People v. Baldi, 54 N.Y.2d 137, 147 ).

The defendant's voluntary, knowing, and intelligent waiver of his right to appeal all aspects of his case encompassed his right to review the denial of that branch of his motion which was to supress evidence based upon lack of probable cause (see, People v. Kemp, N Y 2d [Dec. 2, 1999]).

The defendant specifically reserved his right to appeal the excessiveness of his sentence. We find that the sentence imposed is neither harsh nor excessive.

THOMPSON, J.P., SULLIVAN, ALTMAN, and FEUERSTEIN, JJ., concur.

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PEOPLE v. RODRIGUEZ
(Jan 18, 2000)