Opinion
May 6, 1996
Appeal from the Supreme Court, Queens County (Lisa, J.).
Ordered that the judgment is modified, on the law, by reversing the conviction for the violation of Vehicle and Traffic Law § 376, vacating the fine imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
Upon our review of the record, we find that the defendant voluntarily and intelligently waived his right to appeal the judgment of conviction after a jury trial in exchange for a lesser sentence. Accordingly, he cannot now challenge the propriety of either the prosecutor's conduct or the court's charge ( see, People v. Seaberg, 74 N.Y.2d 1; People v. Clark, 223 A.D.2d 722; People v. Brewley, 211 A.D.2d 805).
That count of the indictment charging a violation of Vehicle and Traffic Law § 376 must, however, be dismissed as jurisdictionally defective, as the People correctly concede ( see, People v. Iannone, 45 N.Y.2d 589; People v. Aponte, 212 A.D.2d 157). Thompson, J.P., Hart, Goldstein and McGinity, JJ., concur.