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PEOPLE v. SMITH

142 A.D.2d 195 (1988)

The People of the State of New York, Respondent, v. Darrell Smith, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 5, 1988

Attorney(s) appearing for the Case

Philip L. Weinstein (Andrea Hirsch of counsel), for appellant.

Elizabeth Holtzman, District Attorney (Barbara D. Underwood and Andrew J. Frisch of counsel), for respondent.

LAWRENCE, SPATT and HARWOOD, JJ., concur.

BRACKEN, J. P.

In People v Seaberg (139 A.D.2d 53, lv granted 72 N.Y.2d 1049), this court recently recognized the validity of a waiver by a defendant in a criminal case of his right to appeal. In two cases decided shortly after People v Seaberg, the Appellate Division, First Department, refused to give effect to similar waivers (People v Bourne...

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