Opinion
September 11, 1997
Appeal from the County Court, Chenango County (Dowd, J.).
We find no abuse of discretion in County Court's denial of defendant's motion to vacate his guilty plea ( see, CPL 220.60). Despite defendant's contentions of coercion advanced in his motion to withdraw his plea, a review of the record as a whole clearly demonstrates that defendant entered a knowing, voluntary and intelligent guilty plea ( see, People v. Austin, 238 A.D.2d 631). The record reveals that County Court sufficiently inquired into defendant's understanding of the plea and the consequences thereof ( see, People v. Alstin, 239 A.D.2d 790). Moreover, contrary to defendant's contentions, the plea allocution establishes that defendant unequivocally waived his right to appeal as part of the plea bargain, regardless of his refusal to sign the waiver of appeal at sentencing ( see, People v. Moissett, 76 N.Y.2d 909; People v. Smith, 210 A.D.2d 533, 535, lv denied 84 N.Y.2d 1039).
Crew III, J.P., White, Peters, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed.