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

Ordered that the sentence is affirmed.

The defendant's plea allocution demonstrates a voluntary and intelligent waiver of his right to appeal from the bargained for sentence, which the court ultimately imposed. We therefore decline to consider his present assertion that the sentence was excessive (see, People v. Callahan, 80 N.Y.2d 273; People v Seaberg, 74 N.Y.2d 1; see also, People v. Allen, 82 N.Y.2d 761). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.

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PEOPLE v. GONZALEZ
(Aug 29, 1994)