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People v. Kruger

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


December 1, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
KEVIN KRUGER, APPELLANT.

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered March 22, 2007, convicting him of burglary in the first degree, upon a 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.

MARK C. DILLON, J.P., ANITA R. FLORIO, HOWARD MILLER & DANIEL D. ANGIOLILLO, JJ.

(Ind. No. 06-00506)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant's challenge to the judgment convicting him of burglary in the first degree, upon his plea of guilty, is barred because the plea encompassed a waiver of his right to appeal, and the waiver was knowingly, voluntarily, and intelligently made, and was not coerced (see People v Seaberg, 74 NY2d 1, 10; People v Finn, 63 AD3d 755, 756, lv denied 13 NY3d 744; People v Alqam, 49 AD3d 776).

DILLON, J.P., FLORIO, MILLER and ANGIOLILLO, JJ., concur.

20091201

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