Opinion
Submitted September 17, 1999
October 25, 1999
Appeal by the defendant from two judgments of the County Court, Westchester County (Angiolillo, J.).
ORDERED that the judgments are affirmed.
At the trial on Indictment No. 96-00840, the People established a sufficient foundation for admission into evidence of the burglary proceeds. Although the defendant contends that the foreign coins were fungible and generic, the surrounding circumstances were sufficient to permit the jury to infer that they were, in fact, the stolen coins (see, People v. Mirenda, 23 N.Y.2d 439, 453 ).
Further, the defendant validly waived his right to appeal under Indictment No. 96-00841, as the waiver was voluntary, knowing, and intelligent (see, People v. Allen, 82 N.Y.2d 761 ; People v. Callahan, 80 N.Y.2d 273, 283 ; People v. Seaberg, 74 N.Y.2d 1 ).
JOY, J.P., FRIEDMANN, GOLDSTEIN, and McGINITY, JJ., concur.