Majority
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lisa, J.), rendered December 12, 1994, convicting him of criminal possession of stolen property in the fourth degree, unauthorized use of a vehicle in the third degree, and a violation of Vehicle and Traffic Law § 376, upon a jury verdict, and imposing sentence.
Ordered that the judgment is modified, on the law, by revers
Upon our review of the record, we find that the defendant voluntarily and intelligently waived his right to appeal the judgment of conviction after a jury trial in exchange for a lesser sentence. Accordingly, he cannot now challenge the propriety of either the prosecutor’s conduct or the court’s charge (see, People v Seaberg, 74 NY2d 1 ; People v Clark, 223 AD2d 722 ; People v Brewley, 211 AD2d 805 ).
That count of the indictment charging a violation of Vehicle and Traffic Law § 376 must, however, be dismissed as jurisdictionally defective, as the People correctly concede (see, People v Iannone, 45 NY2d 589 ; People v Aponte, 212 AD2d 157 ). Thompson, J. P., Hart, Goldstein and McGinity, JJ., concur.
Cases cited
- People v. Seaberg 74 NY2d 1 p. 412
- People v. Brewley 211 AD2d 805 p. 412
- People v. Iannone 45 NY2d 589 p. 412
- People v. Aponte 212 AD2d 157 p. 412