Appellate Division of the Supreme Court of the State of New York March 29, 2000 (People v. Cruz)

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a guilty plea of murder in the second degree (Penal Law § 125.25 [3]). The record establishes that defendant’s waiver of the right to appeal was voluntary, knowing and intelligent (see, People v DeJesus, 248 AD2d 1023, lv denied 92 NY2d 879; People v Zimmerman, 219 AD2d 848, lv denied 88 NY2d 856).