People v. McCarthy

Jul 15, 2008
Versions:53 A.D.3d 589
860 N.Y.S.2d 407

Ordered that the judgment is affirmed.

The defendant voluntarily, knowingly, and intelligently entered his plea of guilty (see People v Fiumefreddo, 82 NY2d 536, 543-547 [1993]; People v Sioleski, 21 AD3d 501, 502 [2005]; People v Leo, 255 AD2d 458, 459 [1998]) and waived his right to appeal as part of his plea agreement (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Ciatto, 290 AD2d 560 [2002]), precluding review of his challenge to the factual sufficiency of his plea allocution (see People v Mydosh, 27 AD3d 580 [2006]; People v Curras, 1 AD3d 445, 446 [2003]; People v Green, 200 AD2d 687 [1994]). Spolzino, J.P., Fisher, Carni and Dickerson, JJ., concur.