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PEOPLE v. RIVERS

63 A.D.3d 423 (2009)

879 N.Y.S.2d 454

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRUCE RIVERS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 2, 2009.

Since the final plea proceeding expressly incorporated by reference the allocution conducted at a prior plea proceeding, defendant's prior waiver of his right to appeal is enforceable (see People v Hickman, 57 A.D.3d 370 [2008]; People v Morrison, 48 A.D.3d 288 [2008], lv denied 10 N.Y.3d 867 [2008]), and it forecloses defendant's present procedural claim relating to his sentencing...

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