Opinion
June 9, 1995
Appeal from the Erie County Court, Drury, J.
Present — Denman, P.J., Pine, Callahan, Doerr and Balio, JJ.
Judgment unanimously affirmed. Memorandum: The record establishes that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Moissett, 76 N.Y.2d 909; People v. Underwood, 210 A.D.2d 994; People v. Saunders, 190 A.D.2d 1092, 1093, lv denied 81 N.Y.2d 1019). That waiver encompassed the contention of defendant regarding the purported excessiveness of his sentence (see, People v. Allen, 82 N.Y.2d 761, 763; People v. Griggs, 199 A.D.2d 1073, lv denied 83 N.Y.2d 853; People v. Callens, 199 A.D.2d 992, lv denied 83 N.Y.2d 869).