PEOPLE v. FRANK

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of assault in the second degree (Penal Law § 120.05). We reject the contention of defendant that his waiver of the right to appeal should not be enforced. Although defendant entered a plea to the highest count of the indictment and was not given a sentencing promise, defendant received a benefit from the bargain. The remaining charges in the indictment, alleging violations of the Vehicle and Traffic Law, were dismissed as a result of the plea, and the People agreed to recommend a sentence of incarceration of no greater than 2 to 4 years. The record supports the conclusion that defendant's waiver was knowing, intelligent and voluntary ( see, People v. Callahan, 80 N.Y.2d 273, 280) and that the plea bargain was "fair, free from oppressiveness, and sensitive to the interests of both the accused and the People" ( People v. Seaberg, 74 N.Y.2d 1, 8). Because defendant's waiver is valid, we do not reach the contention that the suppression court erred in denying defendant's suppression motion.