Opinion
April 2, 1992
Appeal from the County Court of Montgomery County (Aison, J.).
Contrary to defendant's contention, the record clearly establishes that defendant knowingly and voluntarily waived his right to appeal as part of a negotiated plea bargain and he fully understood the consequences of that waiver (see, People v Seaberg, 74 N.Y.2d 1, 11; People v Brown, 160 A.D.2d 1039, 1041). We do note, however, that County Court did not abuse its discretion in sentencing defendant to a term of imprisonment of 3 1/2 to 10 1/2 years. The record reveals that defendant was sentenced in accordance with his plea agreement and he was allowed to plead guilty to a reduced charge in satisfaction of a 12-count indictment (see, People v Bauer, 153 A.D.2d 988, lv denied 75 N.Y.2d 767; People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).
Mikoll, J.P., Yesawich Jr., Mercure, Mahoney and Harvey, JJ., concur. Ordered that the appeal is dismissed.