Majority
p. 1092The People of the State of New York, Respondent, v
p. 1093Shawn A. Saunders, Appellant. (Appeal No. 1.)
— Judgment unanimously affirmed. Memorandum: The record shows that, as part of his plea bargain, defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Moissett, 76 NY2d 909 ; People v Derby, 168 AD2d 969 , lv denied 77 NY2d 905 ). Defendant has raised no "categories of * * * claims” that survive such waiver (People v Callahan, 80 NY2d 273 , 280). Were we to review the merits, we would nevertheless affirm. (Appeal from Judgment of Supreme Court, Erie County, Doyle, J. — Attempted Criminal Possession Controlled Substance, 2nd Degree.) Present — Pine, J. P., Fallon, Boomer, Davis and Boehm, JJ.
Cases cited
- People v. Moissett 76 NY2d 909 p. 1093
- People v. Callahan 80 NY2d 273 at 280 p. 1093