Opinion
December 3, 1992
Appeal from the Supreme Court, New York County (Ira Beal, J.).
Defendant waived his right to appeal at the plea, following discussions between the defendant, the District Attorney and the court. A waiver of the right to appeal will be enforced if voluntary, knowing and intelligent and an integral part of the plea bargain (People v Moissett, 76 N.Y.2d 909, 910-911). Contrary to the People's argument, the proper disposition of the appeal is not a dismissal but an affirmance based on the absence of any reviewable issues that have not been superseded by the waiver (People v Callahan, 80 N.Y.2d 273, 285).
Were we to reach the merits, we would affirm.
Concur — Carro, J.P., Ellerin, Kupferman and Kassal, JJ.