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PEOPLE v. PHILLIPS

28 A.D.3d 939 (2006)

813 N.Y.S.2d 258

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE PHILLIPS, Appellant.

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

April 20, 2006.

Spain, J.

Defendant, who was charged in two separate indictments with a total of 14 crimes, pleaded guilty to two counts of burglary in the third degree and was thereafter sentenced in accordance with the negotiated plea agreement to an aggregate prison term of 31/3 to 10 years. Defendant now appeals.

Initially, we cannot conclude, as the People contend, that defendant waived his right to appeal as part of his plea (see People v. Seaberg,

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