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People v. Pierson

195 A.D.2d 1073 Court N.Y. App. Div. Decision date 1993-07-16 Docket Appeal No. 1 English

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p. 1073
The People of the State of New York, Respondent, v Marcus Pierson, Appellant.
(Appeal No. 1.)
[601 NYS2d 898]

—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 ). Defendant has raised no "categories of * * * claims” that survive his waiver (People v Callahan, 80 NY2d 273 , 280; see, People v Saunders, 190 AD2d 1093 ). (Appeal from Judgment of Supreme Court, Erie County, Rossetti, J.—Attempted Robbery, 2nd Degree.) Present—Denman, P. J., Green, Balio, Fallon and Boehm, JJ.

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