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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TAORID BROWN, Appellant.

Ordered that the judgment is affirmed.

We agree with the defendant's contention that the record of the plea proceedings fails to establish that he knowingly and voluntarily waived the right to appeal (see generally, People v Callahan, 80 N.Y.2d 273; People v Seaberg, 74 N.Y.2d 1). However, the defendant's present challenges to the adequacy of his plea are unpreserved for appellate review by reason of his failure to seek withdrawal or vacatur of the plea (see, CPL 470.05; People v Lopez, 71 N.Y.2d 662; People v Pellegrino, 60 N.Y.2d 636). In any event, we are satisfied from the record that the defendant's plea was voluntary and intelligent (see generally, People v Harris, 61 N.Y.2d 9).

Moreover, by reason of his entry of a valid guilty plea, the defendant has forfeited his claim challenging the submission of certain evidence to the Grand Jury (see, People v Figueroa, 173 A.D.2d 156; see generally, People v Gerber, 182 A.D.2d 252). Finally, the defendant should not now be heard to complain of the sentence which he negotiated for (see, People v Kazepis, 101 A.D.2d 816), nor do we find that a sentence reduction is warranted under the circumstances of this case (see, People v Suitte, 90 A.D.2d 80). Sullivan, J.P., O'Brien, Pizzuto and Santucci, JJ., concur.

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PEOPLE v. BROWN
(Feb 16, 1993)