Opinion
December 31, 1997
Present — Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the third degree. "[B]ecause defendant was sentenced in accordance with the plea agreement, he waived his right to appeal from the sentence" ( People v. Van Buren, 203 A.D.2d 961; see, People v. Wynn, 239 A.D.2d 921, lv denied 90 N.Y.2d 912; cf., People v. Monte, 242 A.D.2d 591). Defendant's contention that the enhanced sentence is unduly harsh and severe does not survive the valid waiver of the right to appeal ( see, People v. Allen, 82 N.Y.2d 761; People v. West, 239 A.D.2d 921, lv denied 90 N.Y.2d 944). (Appeal from Judgment of Monroe County Court, Bristol, J. — Burglary, 3rd Degree.)