Majority
p. 904The People of the State of New York, Respondent, v Charles B. Horton, Jr., Appellant. [606 NYS2d 1018]
—Judgment unanimously affirmed. Memorandum: Defendant knowingly, voluntarily and intelligently waived his right to appeal and has raised no issues that survive the waiver (see, People v Callahan, 80 NY2d 273 ). (Appeal from Judgment of Erie County Court, Rogowski, J. — Felony Driving While Intoxicated.) Present — Pine, J. P., Balio, Doerr, Boomer and Boehm, JJ.
Cases cited
- People v. Callahan 80 NY2d 273 p. 904