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PEOPLE v. MIDDLETON

277 A.D.2d 398 (2000)

716 N.Y.S.2d 884

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLYDE MIDDLETON, Appellant.

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

Decided November 20, 2000.

Ordered that the sentence is affirmed.

The record fails to establish that the defendant's waiver of the right to appeal was knowing, voluntary, and intelligent (see, People v Callahan, 80 N.Y.2d 273, 283; People v McCaskell, 206 A.D.2d 547). Accordingly, he is not foreclosed from obtaining appellate review of his sentence. We conclude that the

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