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People v. Weber

187 A.D.2d 1043 Court N.Y. App. Div. Decision date 1992-11-18 English

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p. 1043
The People of the State of New York, Respondent, v Daniel T. Weber, Jr., Appellant.

Judgment unanimously affirmed. Memorandum: The record shows that, as part of his plea bargain, defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Moissett, 76 NY2d 909 ; People v Derby, 168 AD2d 969 , lv denied 77 NY2d 905 ). Supreme Court fully discussed the waiver with defendant at the plea proceeding (see, People v Callahan, 80 NY2d 273 ). Defendant has raised no "categories of claims” that survive such waiver (People v Callahan, supra, at 285 ). (Appeal from Judgment of Supreme Court, Erie County, Easier, J. — Criminal Possession Forged Instrument, 1st Degree.) Present— Green, J. P., Pine, Boehm, Fallon and Doerr, JJ.

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