Opinion
July 29, 1993
Appeal from the County Court of Montgomery County (Aison, J.).
On this appeal defendant contends that his waiver of his right to appeal as a part of his guilty plea was not knowing and voluntary and that the sentence imposed was harsh and excessive. Our review of the record reveals a sufficient colloquy between defendant and County Court to establish a knowing, voluntary and intelligent waiver so that, in the absence of any other facts calling into doubt the validity of the plea (see, People v Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1; People v Lopez, 71 N.Y.2d 662), we conclude that the waiver of the right to appeal must be enforced. Were we to address the merits of defendant's sentencing argument, we would find no reason to disturb the sentence imposed by County Court in that defendant knew that he would probably receive the sentence ultimately imposed and pleaded guilty to a class C felony to avoid indictment for a class A-1 felony (see, People v. Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).
Weiss, P.J., Mercure, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed.