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PEOPLE v. DIAZ

293 A.D.2d 327 (2002)

739 N.Y.S.2d 823

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS DIAZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 11, 2002.

The record establishes that defendant made a valid waiver of his right to appeal, and there is nothing in the record to support defendant's assertion that such waiver was the result of coercion by counsel. To the extent that defendant is challenging the voluntariness of his plea, such claim survives the waiver (People v Seaberg, 74 N.Y.2d 1, 10). However, there is no basis for reversal. The court properly denied defendant's motion...

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