People v. DeMauro 181 A.D.2d 1076

Motion to dismiss appeal as waived denied. Memorandum: Inasmuch as the plea minutes do not indicate that defendant understood that he was waiving the right to appeal as part of the plea bargain, the waiver is not enforceable (see, People v Moissett, 76 NY2d 909). Present — Denman, P. J., Green, Pine, Balio and Fallon, JJ.