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People v. Penn

254 A.D.2d 843 Court N.Y. App. Div. Decision date 1998-10-02 English

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p. 843
The People of the State of New York, Respondent, v Ralph Theodore Penn, Jr., Appellant.
[678 NYS2d 543]

Motion to dismiss appeal denied. Memorandum: Defendant’s waiver of the right to appeal as part of a negotiated plea agreement “does not foreclose appellate review in all situations” and is not “sufficient to divest the court of subject matter jurisdiction” (People v Callahan, 80 NY2d 273 , 284). Present — Pine, J. P., Hayes, Wisner, Balio and Boehm, JJ.

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