Opinion
October 4, 1991
Appeal from the Erie County Court, Drury, J.
Present — Doerr, J.P., Boomer, Pine, Balio and Lawton, JJ.
Appeal unanimously dismissed. Memorandum: In exchange for a negotiated sentence of imprisonment for 3-1/2 to 7 years, defendant entered a guilty plea and waived his right to appeal. The record of the plea colloquy demonstrates that the waiver was voluntary, knowing and intelligent. Accordingly, defendant's appeal is dismissed (see, People v Seaberg, 74 N.Y.2d 1; People v Derby, 168 A.D.2d 969, lv denied 77 N.Y.2d 905; People v Johnson, 166 A.D.2d 899, lv denied 77 N.Y.2d 840).