People v. Diola

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: Because defendant does not contend that the waiver of his right to appeal was constitutionally defective or that there is a public policy impediment to enforcing the waiver, appellate review of his contention regarding the sufficiency of the guilty plea is foreclosed. Review of the legality of the sentence is not foreclosed (see, People v Callahan, 80 NY2d 273; People v Seaberg, 74 NY2d 1).

Contrary to defendant’s…