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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. BRETT A. PHILLIPS, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

Judgment unanimously affirmed. Memorandum:

Upon our review of the record, we conclude that defendant's waiver of the right to appeal was voluntary, knowing and intelligent ( see, People v. Callahan, 80 N.Y.2d 273, 283; People v. Debo, 234 A.D.2d 944, 945, lv denied 89 N.Y.2d 984). The waiver encompasses defendant's contention concerning the severity of the sentences ( see, People v. Lococo, 92 N.Y.2d 825, 827). The challenge of defendant to the voluntariness of the pleas survives his waiver of the right to appeal ( see, People v. Faison, 270 A.D.2d 717). Defendant failed, however, to preserve that challenge for our review by moving to withdraw the pleas or to vacate the judgments of conviction ( see, People v. Ostrander, 136 A.D.2d 760, 760-761; see also, People v. Faison, supra).

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PEOPLE v. PHILLIPS
(Sep 28, 2001)