Opinion
February 3, 1995
Appeal from the Supreme Court, Erie County, Wolfgang, J.
Present — Green, J.P., Pine, Callahan, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The record establishes that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Callahan, 80 N.Y.2d 273; People v. Moissett, 76 N.Y.2d 909). That waiver encompassed the contention of defendant that the sentence is harsh and excessive (see, People v. Allen, 82 N.Y.2d 761, 763; People v. Underwood, 210 A.D.2d 994; People v. Schwartz, 204 A.D.2d 973; People v. Griggs, 199 A.D.2d 1073, lv denied 83 N.Y.2d 853).