Opinion
KA 02-01399
October 1, 2002.
PRESENT: PIGOTT, JR., P.J., GREEN, HAYES, HURLBUTT, AND LAWTON, JJ.
Motion to dismiss appeal denied.
Memorandum:
The fact that defendant waived his right to appeal as part of a negotiated plea agreement "does not foreclose appellate review in all situations" and "is not sufficient to divest the Court of subject matter jurisdiction" ( People v. Callahan, 80 N.Y.2d 273, 284).