
    The People of the State of New York, Respondent, v Ralph Theodore Penn, Jr., Appellant.
    [678 NYS2d 543]
   Motion to dismiss appeal denied. Memorandum: Defendant’s waiver of the 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 — Pine, J. P., Hayes, Wisner, Balio and Boehm, JJ.  