PEOPLE v. CARDWELL

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a forged instrument in the second degree (Penal Law § 170.25). We reject the contention of defendant that his waiver of the right to appeal was invalid. Supreme Court engaged defendant in an adequate plea colloquy to ensure that his waiver of the right to appeal was knowing and voluntary ( cf. People v. DeSimone, 80 N.Y.2d 273, 283). Defendant's challenge to the amount of restitution is not foreclosed by defendant's waiver of the right to appeal because restitution was not included in the terms of the plea agreement ( see People v. Talley, 300 A.D.2d 1038, lv denied 100 N.Y.2d 566). However, defendant waived that challenge when he consented to the restitution amount at sentencing ( see People v. Huffman, 288 A.D.2d 907, 908, lv denied 97 N.Y.2d 755).