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PEOPLE v. GARDNER

Appellate Division of the Supreme Court of New York, Fourth Department.
Nov 16, 1990

Judgment unanimously affirmed. Memorandum: Upon our review of the record, we conclude that defendant validly waived his right to appeal, which precludes review of the merits of the suppression court's denial of his suppression motion (see, People v. Seaberg, 74 N.Y.2d 1; People v. Roberts, 152 A.D.2d 678, 679, lv denied 74 N.Y.2d 851). There is no "`uniform mandatory catechism of pleading defendants'" (People v. Harris, 61 N.Y.2d 9, 16; People v. Nixon, 21 N.Y.2d 338, 353, cert. denied sub nom. Robinson v. New York, 393 U.S. 1067), and the record supports the conclusion that defendant, who was represented by counsel throughout these proceedings, knowingly, voluntarily, and intelligently relinquished his rights upon entering a plea of guilty (see, People v. Harris, supra, at 17). We decline to modify defendant's sentence in the interest of justice.