Opinion
March 29, 2000.
Appeal from Judgment of Cayuga County Court, Contiguglia, J. — Criminal Possession Controlled Substance, 5th Degree.
PRESENT: PIGOTT, JR., P. J., WISNER, SCUDDER AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant contends that he did not receive timely notice of his right to testify before the Grand Jury. He concedes, however, that he waived his right to appeal as part of his plea of guilty, and that waiver encompasses his contentions ( see generally, People v. Moissett , 76 N.Y.2d 909, 910-911). In any event, by pleading guilty, defendant "removed this issue from the case and, lacking express statutory authorization, he cannot resuscitate it on appeal" ( People v. Taylor , 65 N.Y.2d 1, 7; see, People v. Holt , 210 A.D.2d 994, 995). The sentence is neither unduly harsh nor severe.