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PEOPLE v. SMITH

295 A.D.2d 286 (2002)

743 N.Y.S.2d 869

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOUGLAS SMITH, Appellant.

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

Decided June 27, 2002.

Defendant's waiver of the right to appeal clearly encompassed the suppression ruling and related issues (see, People v Kemp, 94 N.Y.2d 831, 833; People v Moissett, 76 N.Y.2d 909, 910-911). Accordingly, appellate review is foreclosed.

Although the appeal waiver, by its terms, permits defendant to challenge his adjudication as a persistent violent felony offender, his claim that the...

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