Opinion
September 30, 1997
Motion for an extension of time to take appeal granted.
Present — Green, J.P., Callahan, Doerr, Balio and Fallon, JJ.
The fact that a defendant waives 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). The failure to notify a defendant in writing pursuant to 22 NYCRR 1022.11 (a), even when the right to appeal has been waived, constitutes improper conduct (see, CPL 460.30 [a]).