Opinion
October 29, 1998
Appeal from the County Court of Rensselaer County (Sheridan, J.).
Defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree and was sentenced to a prison term of 3 1/2 to 10 1/2 years. Inasmuch as the record reflects that defendant knowingly and voluntarily waived his right to appeal as part of his guilty plea, his challenge to the harshness of the sentence imposed has not been preserved for our review ( see, People v. Cuevas [Carlito] [Manny], 234 A.D.2d 804, lvs denied 89 N.Y.2d 940, 941, 944). Nevertheless, were we to consider defendant's assertion, we would find that the sentence imposed, which was in accordance with the terms of the plea agreement and within the statutory parameters, was neither harsh nor excessive ( see, People v. Sullivan, 223 A.D.2d 893; People v. Walters, 216 A.D.2d 611).
Mikoll, J. P., White, Yesawich Jr., Peters and Carpinello, JJ., concur.
Ordered that the judgment is affirmed.