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PEOPLE v. GIVENS

36 A.D.3d 454 (2007)

831 N.Y.S.2d 30

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERENE GIVENS, Appellant.

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

Decided January 9, 2007.

At the first of two plea proceedings, defendant made a valid waiver of his right to appeal as part of his plea agreement (see People v Lopez, 6 N.Y.3d 248, 255-256 [2006]), and, as defendant expressly acknowledged, the second proceeding incorporated by reference the entire prior allocution. Accordingly, defendant's waiver forecloses his present claims that his sentence was excessive and that the court should have granted him youthful...

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