MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Contrary to the contention of defendant, his waiver of the right to appeal was effective, even though it was not in writing ( see People v. Willis [appeal No. 1], 2 A.D.3d 1322 [Dec. 31, 2003]). We conclude that defendant knowingly, intelligently and voluntarily waived his right to appeal, and none of defendant's remaining contentions survive that waiver.