People v. Collington (298 A.D.2d 1000, 2002)

—Motion to dismiss appeal denied. Memorandum: The fact that defendant waived his right to appeal as part of a negotiated plea agreement “does not foreclose appellate review in all situations” and is not “sufficient to divest the court of subject matter jurisdiction” (People v Callahan, 80 NY2d 273, 284). Present — Pigott, Jr., P.J., Green, Hayes, Hurlbutt and Lawton, JJ. (Filed Sept. 30, 2002.)