Opinion
December 29, 1993
Appeal from the Erie County Court, Drury, J.
Present — Callahan, J.P., Green, Balio, Lawton and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: As part of his plea bargain, defendant knowingly, voluntarily and intelligently waived his right to appeal. That waiver encompassed the contentions of defendant regarding the purported excessiveness of his sentence (see, People v Allen, 82 N.Y.2d 761) and the procedures used by the court in arriving at its sentencing determination (see, People v Callahan, 80 N.Y.2d 273, 281). We have examined defendant's challenge to the voluntariness of his plea (see, People v Seaberg, 74 N.Y.2d 1, 10; People v Francabandera, 33 N.Y.2d 429, 434, n 2) and find it to be lacking in merit (see, People v Morris, 185 A.D.2d 488).