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PEOPLE v. ABDUS-SAMAD

2040, 1661/07

69 A.D.3d 516 (2010)

894 N.Y.S.2d 41

2010 NY Slip Op 558

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAIFUDDIN ABDUS-SAMAD, Appellant.

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

Decided January 26, 2010.

Defendant's valid waiver of his right to appeal forecloses his claim that he was improperly deprived of a hearing as to the constitutionality of the predicate convictions upon which he was adjudicated a persistent violent felony offender (see People v Moore, 48 A.D.3d 222 [2008], lv denied 10 N.Y.3d 867 [2008]). The record establishes that defendant discussed the waiver with counsel and understood it. Although by the terms...

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