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PEOPLE v. LOPEZ

16 A.D.3d 258 (2005)

791 N.Y.S.2d 111

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SANDRO LOPEZ, Appellant.

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

March 22, 2005.

Defendant's valid waiver of his right to appeal encompassed his excessive sentence claim and thus forecloses interest of justice review (People v Seaberg, 74 N.Y.2d 1, 9-10 [1989]). In any event, were we to find that defendant did not validly waive his right to appeal, we would perceive no basis for reducing the sentence.

As the People concede, since the crime was committed before the effective date of the legislation (Penal...

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