Opinion
Argued September 25, 2000.
November 28, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered June 17, 1997, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Susan Epstein of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Karen Marcus of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
"[W]here the plea allocution demonstrates a knowing, voluntary and intelligent waiver of the right to appeal, intended comprehensively to cover all aspects of the case, and no constitutional or statutory mandate or public policy concern prohibits its acceptance, the waiver will be upheld completely" (People v. Kemp, 94 N.Y.2d 832, 833; see, People v. Muniz, 91 N.Y.2d 570, 575). Here, the defendant's waiver of his right to appeal as part of the plea agreement encompassed the denial of his motion to dismiss the indictment based on an unreasonable delay in sentencing (see, People v. Jones, 255 A.D.2d 456).
In light of our determination, we do not reach the defendant's remaining contention.