People v. Walker — 236 A.D.2d 492

Majority

p. 492

The People of the State of New York, Respondent, v Nathaniel Walker, Appellant.

[654 NYS2d 590]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered July 8, 1993, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence. Justice Luciano has been substituted for the late Justice Hart (see, 22 NYCRR 670.1 [cD.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, it is clear from the record that the waiver of appellate review which was elicited as a condition of his plea of guilty was knowing, intelligent, and voluntary, and thus effective (see, People v Allen, 82 NY2d 761 ; People v Cicciari, 175 AD2d 255 ; cf., People v McCaskell, 206 AD2d 547 ). Therefore, the judgment of conviction is affirmed (see, People v Allen, supra; People v Collier, 216 AD2d 406 ). Miller, J. P., Ritter, Copertino and Luciano, JJ., concur.

Cases cited

People v. Allen 82 NY2d 761 N.Y. 1993-10-07 p. 492