PEOPLE v. LEE (1997)

Judgment, Supreme Court, New York County (Edward Sheridan, J., at hearing and plea;  Juanita Bing Newton, J., at sentence), rendered June 30, l994, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a prison term of one year, unanimously affirmed.

Defendant's valid waiver of his right to appeal the suppression ruling was not negated by the court's imposition of a sentence greater than that bargained for, where defendant clearly violated a condition, to which he assented, of his voluntary, intelligent and knowing plea (see, People v. Green, 227 A.D.2d 240, 642 N.Y.S.2d 293, lv denied 88 N.Y.2d 985, 649 N.Y.S.2d 392, 672 N.E.2d 618).   There being no viable issues to consider on appeal, we affirm.   (People v. Callahan, 80 N.Y.2d 273, 284, 590 N.Y.S.2d 46, 604 N.E.2d 108.)

MEMORANDUM DECISION.