PEOPLE v. ESPINAL

ORDERED that the judgment is affirmed.

"[W]here the plea allocution demonstrates a knowing, voluntary and intelligent waiver of the right to appeal, intended comprehensively to cover all aspects of the case, and no constitutional or statutory mandate or public policy concern prohibits its acceptance, the waiver will be upheld completely" (People v. Kemp, 94 N.Y.2d 832, 833; see, People v. Muniz, 91 N.Y.2d 570, 575). Here, the defendant's waiver of his right to appeal as part of the plea agreement encompassed the denial of his motion to dismiss the indictment based on an unreasonable delay in sentencing (see, People v. Jones, 255 A.D.2d 456).

In light of our determination, we do not reach the defendant's remaining contention.