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THE PEOPLE, etc., respondent, v. TORREY STRUNKEY, appellant. (Ind. No. 7782/93)

DECISION ORDER

ORDERED that the amended sentence is affirmed.

The defendant's waiver of his right to appeal, executed at a proceeding conducted on May 25, 1994, precludes him from arguing on appeal that the amended sentence which the court imposed was excessive (see, People v. Miles, 268 A.D.2d 489 [decided herewith];People v. Loper, 215 A.D.2d 406 ; see also, People v. Kemp, N Y 2d [Dec. 2, 1999]; cf., People v. Rodriguez, 259 A.D.2d 1040 [4th Dept., Mar. 31, 1999]; People v. Daniel A, 259 A.D.2d 983 ).

MANGANO, P.J., RITTER, JOY, and FLORIO, JJ., concur.

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PEOPLE v. STRUNKEY
(Jan 18, 2000)