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PEOPLE v. AVELAR

2011-04192.

90 A.D.3d 775 (2011)

934 N.Y.S.2d 333

2011 NY Slip Op 9140

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GIOVANNI AVELAR, Appellant.

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

Decided December 13, 2011.

Ordered that the judgment is affirmed.

The defendant's valid waiver of his right to appeal forecloses appellate review of the denial of that branch of his motion which was to dismiss the charge against him in furtherance of justice, in effect, pursuant to CPL 210.40 (see People v Cortes, 44 A.D.3d 538 [2007]).

The defendant's remaining contentions are also barred by the defendant's valid waiver of his right...

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