People v. Jimenez

Appeal from a judgment of the County Court of Schenectady County (Aison, J.), rendered April 16, 1991, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the second degree.

While the right to appeal may be waiyed as a condition of a plea agreement, such waiver, to be enforceable, must be knowingly, voluntarily and intelligently made (People v Seaberg, 74 NY2d 1, 11; see, People v Callahan, 80 NY2d 273). With respect to defendant’s waiver of his right to appeal, it is evident from a review of the transcript of the plea proceedings that…