People v. Nunez

Appeal by the defendant from a judgment of the County Court, Nassau County (Goodman, J.), rendered November 27, 1989, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Upon our review of the record, we find that, contrary to the People’s contention, the defendant did not effectively waive his right to appeal (see, People v Seaberg, 74 NY2d 1). Nonetheless, we find no basis to vacate the plea.

The defendant’s present challenge to the factual sufficiency of the plea allocution is…