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People v. Holmes

267 A.D.2d 45 Court N.Y. App. Div. Decision date 1999-12-07 English

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p. 45
The People of the State of New York, Respondent, v Merwin Holmes, Appellant.
[699 NYS2d 671]

—Judgment,

p. 46
Supreme Court, Bronx County (Richard Price, J.), rendered January 9, 1995, convicting defendant, upon his plea of guilty, of attempted criminal , possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 2>xh to 7 years, unanimously affirmed.

The record of defendant’s plea allocution establishes that he voluntarily and knowingly waived his right to appeal (see, People v Moissett, 76 NY2d 909 ). Accordingly, appellate review of the denial of defendant’s suppression motion is foreclosed. Concur — Lerner, J. P., Saxe, Buckley and Friedman, JJ.

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