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People v. Egbert

290 A.D.2d 562 Court N.Y. App. Div. Decision date 2002-01-28 English

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p. 562
The People of the State of New York, Respondent, v Philip J. Egbert, Appellant.
[737 NYS2d 300]

Appeal by the defendant from (1) a judgment of the County Court, Suffolk County (Weber, J.), rendered January 5, 1999, convicting him of robbery in the third degree and criminal possession of a weapon in the third degree, upon his plea of guilty under Indictment No. 1388/98, and (2) a judgment of the same court, rendered January 5, 1999, convicting him of aggravated unlicensed operation of a motor vehicle and driving while intoxicated as a misdemeanor, upon his plea of guilty under Indictment No. 2636/98, and imposing sentences.

Ordered that the judgments are affirmed.

p. 563
Contrary to the defendant’s contention, he knowingly, voluntarily, and intelligently waived his right to appeal as a condition of his negotiated plea and sentence agreements. Accordingly, the agreements effectively foreclosed appellate review (see, People v Allen, 82 NY2d 761 ; People v Seaberg, 74 NY2d 1 ; People v Ortiz, 289 AD2d 419 ). Florio, J.P., Smith, McGinity and Crane, JJ., concur.

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