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PEOPLE v. STREICHER
Appellate Division of the Supreme Court of New York, Fourth Department.
Jul 14, 1995
Judgment unanimously affirmed. Memorandum: The record establishes that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Callahan, 80 N.Y.2d 273; People v. Moissett, 76 N.Y.2d 909; People v. Austin, 212 A.D.2d 1061). That waiver encompassed defendant's contentions that evidence procured pursuant to the warrant should have been suppressed because the informant was not placed under oath and that defendant was entitled to a Franks hearing (see, Franks v. Delaware, 438 U.S. 154). In any event, those contentions are without merit.
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