| People v Lee |
| 2008 NY Slip Op 03028 [50 AD3d 702] |
| April 1, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Joseph Lee, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Donna Aldea,and Edward D. Saslaw of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.),rendered November 18, 2005, convicting him of attempted burglary in the second degree,criminal mischief in the fourth degree, possession of burglar's tools, and criminal trespass in thethird degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
After his conviction and sentence in this case, the defendant pleaded guilty to unrelatedburglary charges under indictment No. 1723/2005. In exchange for a promise that the sentence inthat case would run concurrently with the one in this case, the defendant waived his right toappeal in both cases. Our review of the record indicates that the defendant's waiver of appeal wasknowing, intelligent, and voluntary (seePeople v Lopez, 6 NY3d 248, 256 [2006]). Accordingly, we do not reach the defendant'sclaim that the trial evidence was legally insufficient to support the charges or that the jury'sverdict was against the weight of the evidence (see People v Dickerson, 309 AD2d 966[2003]; People v Korona, 197 AD2d 788 [1993]). Fisher, J.P., Angiolillo, Balkin andLeventhal, JJ., concur.