Opinion
September 30, 1997
Appeal from Judgment of Supreme Court, Erie County, Tills, J.
Present — Pine, J.P., Lawton, Wisner, Callahan and Doerr, JJ.
Defendant appeals from a judgment convicting him upon a plea of guilty of unauthorized use of a vehicle in the second degree. The record establishes that defendant knowingly, intelligently and voluntarily waived his right to appeal (see, People v. Callahan, 80 N.Y.2d 273, 283). The contention that the sentence is unduly harsh and severe does not survive that waiver (see, People v Allen, 82 N.Y.2d 761). Nor does the contention that Supreme Court erred in failing to conduct a hearing on the amount of restitution because the legality of the sentence is not implicated in this case (see, People v. Callahan, supra, at 281). Because defendant agreed to the amount of restitution, no hearing was required (see, People v. Kelly, 238 A.D.2d 938).