PEOPLE v. SMITH

The record establishes that defendant made a valid waiver of his right to appeal (see People v. Moissett, 76 N.Y.2d 909). Accordingly, appellate review of his present claims is foreclosed. In any event, were we to find the waiver to be invalid, or that defendant's claims survive the waiver, we would find that defendant's claims are both unpreserved and unavailing. Although a plea allocution should normally be conducted by the court itself, here the prosecutor questioned defendant in the court's presence and under its supervision, and there was nothing defective about the allocution (see People v. Montanez, 287 A.D.2d 407, lv denied 97 N.Y.2d 685; People v. Sanchez, 284 A.D.2d 137, lv denied 96 N.Y.2d 942).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.