People v. Moyett

OPINION OF THE COURT

Sullivan, J.

The only substantive claim on appeal is the excessiveness of sentence, an issue that can be reached only on a finding that defendant’s waiver of his right of appeal is invalid. Contrary to our concurring colleague’s view, we find that the record is sufficient to show that defendant knowingly, intelligently and voluntarily waived that right.

It is well-settled, as the concurrence recognizes, that the right to appeal may be waived as a condition of a plea bargain (People v Seaberg, 74 NY2d 1, 9 [1989]; see People v Callahan, 80 NY2d 273, 279-280 [1992]). Such a…