People v. Stephens

Judgment unanimously affirmed. Memorandum: Defendant, as part of a plea agreement, made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Moissett, 76 NY2d 909; People v Seaberg, 74 NY2d 1). Defendant’s waiver of the right to appeal is ineffective, however, to the extent that it impairs defendant’s right to review of his claim that he was illegally sentenced as a second felony offender (see, People v Callahan, 80 NY2d 273, 280). The court did not err in summarily denying defendant’s request for an adjournment to obtain information to controvert the allegations…