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People v. Kirkorov

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


December 15, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
VLADIMIR KIRKOROV, APPELLANT.

Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County (McGann, J.), imposed July 25, 2006, upon his conviction of insurance fraud in the third degree, after his plea of guilty.

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.

STEVEN W. FISHER, J.P., DANIEL D. ANGIOLILLO, PLUMMER E. LOTT and SANDRA L. SGROI, JJ.

(Ind. No. 2674/03)

DECISION & ORDER

ORDERED that the sentence is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Ramos, 7 NY3d 737, 738; People v Lopez, 6 NY3d 248, 255; People v Seaberg, 74 NY2d 1, 9). The defendant's valid and unrestricted waiver of his right to appeal precludes review of his claim that the sentence imposed was excessive (see People v Lopez, 6 NY3d at 256; People v Stewart, 66 AD3d 924; People v Cenname, 66 AD3d 795; People v Powell, 60 AD3d 974, 975).

FISHER, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

20091215

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