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PEOPLE v. MORRISON

48 A.D.3d 288 (2008)

851 N.Y.S.2d 496

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUTHER MORRISON, Appellant.

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

Decided February 14, 2008.

At the first of two plea proceedings, defendant made a valid waiver of his right to appeal as part of the plea agreement (see People v Lopez, 6 N.Y.3d 248, 255-256 [2006]). As defendant expressly acknowledged, the second proceeding incorporated by reference the minutes of the prior proceeding. Accordingly, defendant's waiver forecloses his present claim that his sentence was excessive (see People v Givens,

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