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PEOPLE v. MOJICA

255 A.D.2d 402 (1998)

679 N.Y.S.2d 853

The People of the State of New York, Respondent, v. Biviano Mojica, Appellant

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

November 9, 1998

Ordered that the sentence is affirmed.

The defendant's waiver of the right to appeal does not preclude review of his claim regarding the legality of his sentence (see, People v Seaberg, 74 N.Y.2d 1, 9). However, the defendant's contention is without merit, as the minimum term imposed by the court for his conviction of criminal sale of a controlled substance in the third degree (see, Penal Law § 220.39 ...

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