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PEOPLE v. FIGUEROA

13 A.D.3d 163 (2004)

785 N.Y.S.2d 696

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEIN FIGUEROA, Appellant.

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

December 14, 2004.

Defendant's waiver of his right to appeal encompasses his present constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender (People v Callahan, 80 N.Y.2d 273, 281 [1992]). Were we to find that this issue was not waived, we would find it to be unpreserved and, in any event, without merit (see People v Rosen, 96...

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