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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE TABIA, Appellant.

Ordered that the judgment and the amended judgment are affirmed.

Appellate review of the issues raised by the defendant was effectively waived by him as part of his plea agreement ( see, People v Callahan, 80 NY2d 273; People v Seaberg, 74 NY2d 1). In any event, we would reject the defendant's contention that he is entitled to specific performance of the sentence agreement since, at the time of sentencing, the court set forth its reasons for departing from the sentencing agreement, and gave the defendant an opportunity to withdraw his plea, which offer was rejected ( see, People v Schultz, 73 NY2d 757).

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PEOPLE v. TABIA
(Nov 4, 1996)