Opinion
November 3, 1988
Appeal from the County Court of Albany County (Turner, Jr., J.).
Following a negotiated plea bargain, defendant entered a plea of guilty to the reduced charge of attempted burglary in the second degree. According to the plea agreement defendant was sentenced as a second felony offender to an indeterminate term of imprisonment of 3 1/2 to 7 years. Defendant also voluntarily, knowingly and intelligently waived his right to appeal from his conviction based upon his plea of guilty. Defendant was represented by counsel during these proceedings.
The People, in a brief submitted on this appeal, request that this court enforce defendant's waiver of his right to appeal and dismiss this appeal. Defendant does not address the issue of the effect of such waiver in his brief.
In People v. Maye ( 143 A.D.2d 483), this court recently adhered to the waiver rule delineated in People v. Harvey ( 124 A.D.2d 943, lv denied 69 N.Y.2d 746) and expounded upon in People v. Lester ( 137 A.D.2d 871, lv denied 71 N.Y.2d 898). Application of the rule here warrants enforcement of defendant's waiver. The plea minutes confirm that defendant proceeded with the advice of counsel and was specifically informed that a prison sentence of 3 1/2 to 7 years could be imposed (cf., People v. Maye, supra). Since there is no indication that the waiver was other than knowing and voluntary, the appeal should be dismissed.
Appeal dismissed. Mahoney, P.J., Casey, Weiss, Mikoll and Harvey, JJ., concur.