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PEOPLE v. RINCON

18 A.D.3d 580 (2005)

794 N.Y.S.2d 656

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO RINCON, Appellant.

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

May 9, 2005.

Ordered that the judgment is affirmed.

In return for the People's consent to dismiss two counts of the indictment and the court's promise to sentence him to a term of 3½ years' imprisonment for his conviction, the defendant agreed to waive his right to appeal. Contrary to the defendant's contention, this waiver was knowingly, intelligently, and voluntarily made (see People v Muniz, 91 N.Y.2d 570 [1998]; People v Callahan...

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