Opinion
November 23, 1999
Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered December 16, 1997, convicting defendant, upon his plea of guilty, of two counts of robbery in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 10 years, unanimously affirmed.
Kimberly T. Morgan, for Respondent.
Carol A. Zeldin, for Defendant-Appellant.
SULLIVAN, J.P., WALLACH, RUBIN, SAXE, FRIEDMAN, JJ.
The record establishes that defendant knowingly and voluntarily waived his right to appeal (People v. Moissett, 76 N.Y.2d 909). At the conclusion of the plea allocution, the court specifically elicited from defendant his understanding of the fact that he was waiving that right. In any event, we perceive no abuse of sentencing discretion.
Motion seeking to enlarge record denied.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.