People v. Martinez

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered June 12, 1997, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The record does not demonstrate that the defendant knowingly, intelligently, and voluntarily waived his right to appeal (see, People v Callahan, 80 NY2d 273, 283; see, e.g., People v Dewberry, 223 AD2d 555; People v Santiago, 194 AD2d 468). Thus, the waiver was ineffective.

On the merits, viewing the evidence in the light most favorable to the People…