People v. Smith

Appeal by the defendant from (1) a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered August 12, 1993, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence, and (2) by permission, from an order of the same court, dated March 7, 1994, which denied his motion to vacate the judgment of conviction pursuant to CPL 440.10.

Ordered that the judgment and order are affirmed.

The record demonstrates that the defendant voluntarily and intelligently waived his right to appeal as part of his plea agreement. Accordingly, he cannot…