Opinion
July 22, 1991
Appeal from the County Court, Nassau County (Mackston, J.).
Ordered that the appeal is dismissed.
The record on appeal reveals that the following colloquy occurred before the court accepted the defendant's plea:
"THE COURT: Do you voluntarily then, without hesitation or reservation, give up the right to appeal this conviction, sentence and judgment?
"THE DEFENDANT: Yes.
"THE COURT: No reservations about it, is that correct?
"THE DEFENDANT: Yes.
"THE COURT: Yes, you have no reservations?
"THE DEFENDANT: I don't plan to appeal it.
"THE COURT: Yes, you have no reservations?
"THE DEFENDANT: I don't understand the question.
"THE COURT: Do you have any reservations about it? Is it completely voluntarily being done?
"THE DEFENDANT: Yes."
The foregoing establishes that the defendant knowingly waived his right to appeal as a condition to the court's acceptance of his plea. The appeal must, therefore, be dismissed (see, People v Seaberg, 74 N.Y.2d 1). Mangano, P.J., Bracken, Sullivan, Balletta and O'Brien, JJ., concur.