People v. Thomas R.O.

Carni and DeJoseph, JJ.

(dissenting). We respectfully dissent and would affirm the judgments of conviction inasmuch as we are constrained by the valid waiver of the right to appeal. We conclude that the record establishes that the waiver was knowingly, voluntarily, and intelligently entered (see People v Lopez, 6 NY3d 248, 256 [2006]). Indeed, the court explicitly stated as “[o]ne other condition” of defendant’s guilty plea that defendant would be required to waive his right to appeal, thereby making clear to defendant “ ‘that the right to appeal [was] separate and distinct from those rights…