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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONNA MERCER, Appellant.

Ordered that the sentence is affirmed.

Contrary to the defendant's contention, the record demonstrates that she knowingly, intelligently, and voluntarily waived her right to appeal as part of the plea agreement (see, People v Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1). In any event, having pleaded guilty with the understanding that she could receive a maximum sentence of 4 to 12 years, which was thereafter imposed, the defendant has no basis to now complain that her sentence was excessive (see, People v. Kazepis, 101 A.D.2d 816). Mangano, P.J., Rosenblatt, Miller, Copertino and Krausman, JJ., concur.

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PEOPLE v. MERCER
(May 31, 1994)