Opinion
September 13, 1990
Appeal from the County Court of Greene County (Battisti, Jr., J.).
On December 1, 1986, defendant was a passenger in a vehicle operated by codefendant Antonio Castillo and proceeding north along the Thruway in the Town of Coxsackie, Greene County, when the vehicle was stopped by the State Police for traveling at an excessive rate of speed. A particularization of the circumstances which resulted in defendant's conviction are set forth in a decision of this court upon the appeal from the conviction of Castillo (see, People v. Castillo, 150 A.D.2d 957, lv denied 74 N.Y.2d 806). For the same reasons set forth therein, we reject defendant's arguments that he did not knowingly and voluntarily waive his right to appeal and that the search of the vehicle in which he was riding as a passenger was illegal (see, People v Seaberg, 74 N.Y.2d 1; see also, People v. Fernandez, 67 N.Y.2d 686; People v. Henderson, 130 A.D.2d 789, 791). We also reject defendant's argument that the sentence imposed (four years to life imprisonment) was harsh and excessive.
Appeal dismissed. Kane, J.P., Casey, Weiss, Mikoll and Yesawich, Jr., JJ., concur.