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PEOPLE v. KAPP

59 A.D.3d 974 (2009)

872 N.Y.S.2d 331

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSHUA KAPP, 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 burglary in the first degree (Penal Law § 140.30 [2]). Contrary to the contentions of defendant, we conclude that his waiver of the right to appeal is valid (see People v Lopez, 6 N.Y.3d 248, 256 [2006]), and that it is not void as against public policy...

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