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PEOPLE v. ANDREWS

146 A.D.2d 787 (1989)

The People of the State of New York, Respondent, v. Herbert Andrews, Appellant

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

January 30, 1989

Ordered that the judgment is affirmed.

In order to induce the prosecution to agree to the terms of a negotiated plea bargain, the defendant expressly stated, in his plea allocution, that he would withdraw all pretrial motions, whether pending or decided. This did not constitute a waiver by the defendant of his right to appeal from the judgment rendered upon his plea of guilty (cf., People v Smith, ...

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