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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALVIN BARNWELL, Appellant.

Ordered that the appeal is dismissed.

The plea allocution minutes reveal that the defendant waived his right to appeal as part of the plea agreement. As this waiver was made freely, knowingly and voluntarily, we find that the defendant's appeal must be dismissed (see, People v. Seaberg, 74 N.Y.2d 1; People v. Gooden, 151 A.D.2d 773; People v. Harris, 103 A.D.2d 891; People v. Galante, 91 A.D.2d 690; cf., People v Rodriguez, 50 N.Y.2d 553, 557; People v. Blakley, 34 N.Y.2d 311). Lawrence, J.P., Kunzeman, Kooper and Harwood, JJ., concur.

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PEOPLE v. BARNWELL
(May 29, 1990)