People v. Cruz

233 A.D.2d 275, 650 N.Y.S.2d 540, 1996 N.Y. App. Div. LEXIS 12146

Opinion

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered April 18, 1994, convicting defendant, upon his pleas of guilty, of manslaughter in the first degree and criminal possession of a weapon in the third degree, and sentencing him to concurrent terms of 6 to 18 years and 21/s to 7 years, respectively, unanimously affirmed.

Defendant made a knowing, voluntary, and intelligent waiver of his right to appeal both his plea and sentence as an express condition of his plea bargain (People v Seaberg, 74 NY2d 1, 9-10; People v Cole, 199 AD2d 60, lv denied 83 NY2d 803). In any event, we perceive no abuse of sentencing discretion. Concur—Rosenberger, J. P., Rubin, Ross, Tom and Andrias, JJ.