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PEOPLE v. DANIELS

59 A.D.3d 943 (2009)

872 N.Y.S.2d 335

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMIEN DANIELS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided February 6, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [4]). The challenge by defendant to the factual sufficiency of the plea allocution is encompassed by his valid waiver of the right to appeal (see People v Thomas, 56 A.D.3d 1240 ...

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