People v Potter (2003 NY Slip Op 18077)

People v Potter

2003 NY Slip Op 18077 [1 AD3d 384]

November 3, 2003

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 28, 2004

The People of the State of New York, Respondent,
v
Avery Potter, Appellant.

—Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered April 18, 2000.

Ordered that the judgment is affirmed.

Appellate review of the issue raised by the defendant was effectively waived by him as part of his plea agreement. Accordingly, the judgment of conviction is affirmed (see People v Hidalgo, 91 NY2d 733 [1998]; People v Seaberg, 74 NY2d 1 [1989]; People v Kazepis, 101 AD2d 816 [1984]). Ritter, J.P., Smith, Friedmann, H. Miller and Crane, JJ., concur.