People v. Polanco

Judgment unanimously affirmed. Memorandum: The record establishes that defendant knowingly, voluntarily and intelligently waived his right to appeal as part of a negotiated plea and sentence agreement (see, People v Callahan, 80 NY2d 273, 280; People v Moissett, 76 NY2d 909; People v Seaberg, 74 NY2d 1, 11). Although that waiver does not foreclose review of the contention of defendant that he was denied effective assistance of counsel (see, People v Rosado, 199 AD2d 833, 834, lv denied 83 NY2d 876; People v Ferguson, 192 AD2d 800, lv denied 82 NY2d 717), we conclude that “the evidence, the…