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PEOPLE v. ESQUIVEL

2010-03544.

100 A.D.3d 652 (2012)

953 N.Y.S.2d 163

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PERSI ESQUIVEL, Appellant.

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

November 7, 2012.

Ordered that the judgment is modified, on the law, by vacating the provision of the sentence directing the defendant to make restitution in the sum of $17,724.67; as so modified, the judgment is affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Lopez, 6 N.Y.3d 248 [2006]; People v Callahan,

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