Opinion
KA 01-00730
June 14, 2002.
Appeal from a judgment of Orleans County Court (Punch, J.), entered February 9, 2001, convicting defendant upon his plea of guilty of attempted promoting prison contraband in the first degree.
KATHLEEN E. CASEY, MIDDLEPORT, FOR DEFENDANT-APPELLANT.
JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (KATHERINE KERSCH BOGAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, SCUDDER, AND BURNS, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon his plea of guilty of attempted promoting prison contraband in the first degree (Penal Law § 110.00, 205.25). The record establishes that defendant's waiver of the right to appeal was knowing, intelligent and voluntary ( see People v. Callahan, 80 N.Y.2d 273, 280). In any event, we conclude that defendant's contention on appeal lacks merit.