Opinion
January 10, 1991
Appeal from the County Court of Sullivan County (Hanofee, J.).
Defendant's only contention on appeal is that his sentence of six months in jail with five years' probation is harsh and excessive. The record reveals, however, that defendant made a knowing and voluntary waiver of his right to appeal as a condition of the negotiated plea bargain, thereby precluding appellate review (see, People v Seaberg, 74 N.Y.2d 1, 10; People v Diaz, 157 A.D.2d 923, lv denied 75 N.Y.2d 918; People v Bauer, 153 A.D.2d 988, lv denied 75 N.Y.2d 767). In any event, given the fact that the presentence report recommended incarceration because defendant was found to be a bad probation risk, we cannot say that a reduction in defendant's sentence is warranted.
Appeal dismissed. Mahoney, P.J., Casey, Weiss, Yesawich, Jr., and Levine, JJ., concur.