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PEOPLE v. BARNWELL

Appellate Division of the Supreme Court of New York, Second Department.
May 29, 1990

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.