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PEOPLE v. BURK

181 A.D.2d 74 (1992)

The People of the State of New York, Respondent, v. William Burk, Appellant

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

July 6, 1992

Attorney(s) appearing for the Case

Philip L. Weinstein (David P. Greenberg of counsel; Judith Stern on the brief), for appellant.

Richard A. Brown, District Attorney (Andrew Zwerling of counsel; Nora A. Colangelo on the brief), for respondent.

HARWOOD, J. P., ROSENBLATT and COPERTINO, JJ., concur.

BALLETTA, J.

In People v Seaberg (74 N.Y.2d 1), the Court of Appeals held that a criminal defendant's right to appeal may be waived as a condition of a sentence or negotiated plea, provided that the waiver was voluntary, knowing, and intelligent. In the case at bar, the defendant negotiated a plea agreement which included the promise of a specific sentence and an agreement...

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