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People v. Morant

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


April 14, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
JULIO MORANT, APPELLANT.

Appeal by the defendant from a judgment of the County Court, Orange County (Freehill, J.), rendered February 19, 2008, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., STEVEN W. FISHER, DANIEL D. ANGIOLILLO and RUTH C. BALKIN, JJ.

(Ind. No. 07-00706)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The only issue raised on this appeal concerns the court's denial of that branch of the defendant's omnibus motion which was to suppress identification testimony. Review of that claim is foreclosed by the defendant's knowing, voluntary, and intelligent waiver of his right to appeal (see People v Ramos, 7 NY3d 737, 738; People v Morales, 53 AD3d 630, 630-631; People v Holman, 33 AD3d 815).

MASTRO, J.P., FISHER, ANGIOLILLO and BALKIN, JJ., concur.

20090414

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