¶1Where a defendant knowingly, voluntarily, and intelligently waives the right to appeal as part of a plea agreement, the waiver will be upheld (see People v Ramos, 7 NY3d 737 [2006]; People v Lopez, 6 NY3d 248 [2006]; People v Kemp, 94 NY2d 831, 833 [1999]; cf. People v Bradshaw, 18 NY3d 257 [2011]). Here, the defendant’s valid and unrestricted waiver of his right to appeal forecloses appellate review of the claim he seeks to raise (see People v Hershko, 88 AD3d 1013 [2011]; People v Walters, 84 AD3d 984 [2011]; People v Watt, 82 AD3d 912, 912 [2011]). Skelos, J.E, Dickerson, Austin and Miller, JJ., concur.
91 A.D.3d 883
People v. Charles
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 2012
Appellate Division of the Supreme Court of the State of New York · decided 2012-01-24
Decided 2012-01-24