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PEOPLE v. MARKLAND

183 A.D.2d 788 (1992)

The People of the State of New York, Respondent, v. Kevin Markland, Appellant

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

May 11, 1992

Ordered that the judgment is affirmed.

Contrary to the People's argument, "the evidence is insufficient to support the conclusion" that the defendant knowingly and intelligently agreed to waive his right to review of the denial of his suppression motion and the allegedly excessive sentence (People v Bray, 154 A.D.2d 692, 694). Nevertheless, upon a review of the record, we conclude that the prosecution proved by clear and...

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