People v. Horton (198 A.D.2d 904, 1993)

—Judgment unanimously affirmed. Memorandum: Defendant knowingly, voluntarily and intelligently waived his right to appeal and has raised no issues that survive the waiver (see, People v Callahan, 80 NY2d 273). (Appeal from Judgment of Erie County Court, Rogowski, J. — Felony Driving While Intoxicated.) Present — Pine, J. P., Balio, Doerr, Boomer and Boehm, JJ.