People v. Vasquez

251 A.D.2d 61, 673 N.Y.S.2d 307, 1998 N.Y. App. Div. LEXIS 6513

Opinion

—Judgment, Supreme Court, Bronx County (Robert Seewald, J.), rendered January 15, 1997, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of SVs to 25 years, unanimously affirmed.

A review of the record demonstrates that defendant’s waiver of his right to appeal was entered into knowingly, intelligently and voluntarily; it is therefore enforceable (see, People v Seaberg, 74 NY2d 1). This waiver bars his challenge to the sentence on the ground of excessiveness, and precludes our interest of justice review (People v Frazier, 228 AD2d 171, lv denied 89 NY2d 922; People v Graham, 220 AD2d 215, lv denied 87 NY2d 1019). In any event, we perceive no abuse of sentencing discretion. Concur — Milonas, J. P., Wallach, Williams, Tom and Mazzarelli, JJ.