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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. SIDNEY ALLEN, DEFENDANT-APPELLANT.

Memorandum:

The record establishes that defendant knowingly, intelligently and voluntarily waived his right to appeal ( see, People v. Moissett, 76 N.Y.2d 909; People v. Saunders, 190 A.D.2d 1092, 1093, lv denied 81 N.Y.2d 1019). That waiver precludes our review of the denial of the motion of defendant to suppress his pretrial identification ( see, People v. Kemp, 94 N.Y.2d 831 [decided Dec. 2, 1999]; People v. Vaccaro, 206 A.D.2d 952, 953, lv denied 84 N.Y.2d 940).

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PEOPLE v. ALLEN
(Dec 30, 1999)