Opinion
May 25, 1995
Appeal from the Supreme Court, New York County (Emily Jane Goodman, J.).
Defendant, who was originally charged with, inter alia, two counts of murder in the second degree, entered into a plea bargain wherein he was permitted to plead guilty to one count of manslaughter in the first degree and one count of robbery in the first degree in exchange for a promised sentence of concurrent terms of imprisonment of 8 1/3 to 25 years and 12 1/2 to 25 years, respectively. The record of the plea allocution and the hearing on defendant's CPL 220.60 motion to withdraw his guilty plea establishes that, as part of the plea bargain, defendant waived his right to appeal both his conviction and the excessiveness of his sentence (People v Cole, 199 A.D.2d 60, lv denied 83 N.Y.2d 803; People v Burk, 181 A.D.2d 74, lv denied 80 N.Y.2d 927), and that this waiver was voluntarily, knowingly, and intelligently made. Defendant neither challenges the legality of his sentence, nor presents any other reviewable issue which has not been superseded by his waiver of his appellate rights (People v Callahan, 80 N.Y.2d 273, 285). Thus, we affirm.
Concur — Murphy, P.J., Ellerin, Rubin, Tom and Mazzarelli, JJ.