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PEOPLE v. DEFREECE

13 A.D.3d 391 (2004)

785 N.Y.S.2d 346

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY DEFREECE, Appellant.

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

December 6, 2004.

Ordered that the judgment is affirmed.

The defendant's waiver of his right to appeal in conjunction with his second plea of guilty following the County Court's vacatur of his initial plea of guilty to the same charge, attempted burglary in the second degree, forecloses review of the propriety of the County Court's action in vacating the initial plea (see People v Guerrero, 140 A.D.2d 456 [1988]; People v Boyce,

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