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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN SALDANA, SR., Appellant.

At sentencing, the court announced its intention to recommend that defendant not be released on parole at the completion of his minimum term. Defendant raised no objection, and, indeed, reaffirmed that he was waiving his right to appeal, as previously agreed. Therefore, he has waived his present claim that the court violated the term of his plea bargain by, in effect, enhancing the sentence. This argument is without merit in any event, because a parole recommendation was not part of the negotiated sentence.

Concur — Murphy, P.J., Sullivan, Wallach, Ross and Williams, JJ.

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PEOPLE v. SALDANA
(Nov 21, 1995)