Opinion
April 29, 1998
Appeal from Judgment of Niagara County Court, Fricano, J. — Attempted Use of Child in Sexual Performance.
Present — Green, J.P., Pine, Hayes, Callahan and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: The contention of defendant that his sentence is unduly harsh and severe does not survive the knowing, intelligent and voluntary waiver of his right to appeal (see, People v. Allen, 82 N.Y.2d 761; People v. Chandler, 244 A.D.2d 897, lv denied 91 N.Y.2d 870).