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PEOPLE v. TOSCANO

224 A.D.2d 558 (1996)

638 N.Y.S.2d 335

The People of the State of New York, Respondent, v. Martin Toscano, Appellant

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

February 13, 1996

Ordered that the judgment is affirmed.

The defendant entered into this plea agreement knowingly and intelligently (see, People v Harris, 61 N.Y.2d 9). Moreover, the defendant waived appellate review of any claims based upon proof which is not contained within the record by failing to move to vacate his plea, and by failing to seek leave to appeal from the order denying his motion to vacate his judgment

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