Opinion
October 7, 1992
Appeal from the Supreme Court, Erie County, Wolfgang, J.
Present — Callahan, J.P., Green, Balio, Fallon and Davis, JJ.
Appeal unanimously dismissed. Memorandum: The record of the plea proceedings clearly establishes that defendant waived his right to appeal as a condition of a negotiated plea bargain and sentence (see, People v Seaberg, 74 N.Y.2d 1; People v Ford, 176 A.D.2d 1224, lv denied 79 N.Y.2d 947). Defendant's guilty plea was knowingly, intelligently and voluntarily entered in the presence of counsel and only after the court had fully apprised defendant of the consequences of his plea (see, People v Harris, 61 N.Y.2d 9). Supreme Court did not abuse its discretion in denying defendant's oral motion to withdraw his plea made at the time of sentencing (see, CPL 220.60).