Opinion
June 18, 1999
Appeal from Judgment of Supreme Court, Erie County, Burns, J. — Attempted Criminal Possession Weapon, 3rd Degree.
PRESENT: PINE, J. P., LAWTON, PIGOTT, JR., HURLBUTT AND SCUDDER, JJ.
Judgment unanimously affirmed. Memorandum: Because Supreme Court did not advise defendant of the potential periods of incarceration, the waiver by defendant of the right to appeal does not encompass his challenge to the severity of the sentence (see, People v. Shea, 254 A.D.2d 512 [decided Oct. 1, 1998]; cf., People v. Lococo, 92 N.Y.2d 825, 827; People v. Hidalgo, 91 N.Y.2d 733, 734-735, 737). The sentence is neither unduly harsh nor severe.