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PEOPLE v. JANISH

6392, 3678/06, 1282/07.

90 A.D.3d 543 (2011)

934 N.Y.S.2d 416

2011 NY Slip Op 91812

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER JANISH, Appellant.

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

Decided December 20, 2011.

Defendant does not dispute that his waiver of his right to appeal was knowing, intelligent, and voluntary. Although he "attempt[s] to avoid the effect of his waiver . . . by invoking the exception . . . for challenges to the legality of the sentence" (People v Callahan, 80 N.Y.2d 273, 280-281 [1992]), we look at "the actual gist of [his appellate] claim," not "the label [he] assign[s] to" it (id. at 281). As in Callahan...

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