Opinion
December 29, 1992
Appeal from the Supreme Court, New York County (Richard Andrias, J.).
The record indicates that defendant entered into a knowing, voluntary and intelligent plea bargain (see, People v Harris, 61 N.Y.2d 9, 17), including the knowing, voluntary and intelligent waiver of her right to appeal (see, People v Seaberg, 74 N.Y.2d 1, 10-11). A full hearing prior to sentencing disclosed that defendant failed to comply with the terms of an additional agreement that would allow the sentencing court, in its discretion, to consider a further reduction of the sentence promised, and imposed, in connection with the plea bargain. Thus, there is no merit to defendant's claim that she was deprived of the benefit of her plea bargain, nor any evidence that the sentencing court abused its discretion in declining to further reduce the promised sentence (see, People v Farrar, 52 N.Y.2d 302).
Defendant's additional claims of error are unpreserved for appellate review as a matter of law by operation of defendant's effective waiver of appeal (see, People v Callahan, 80 N.Y.2d 273). Were we to review them in the interest of justice, we would find them to be meritless.
Concur — Carro, J.P., Rosenberger, Ellerin, Kupferman and Kassal, JJ.