Opinion
April 25, 1997
Present — Green, J.P., Lawton, Doerr, Balio and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Upon our review of the plea minutes, we are not satisfied that "defendant's waiver of the right to appeal reflects a knowing and voluntary choice" ( People v. Callahan, 80 N.Y.2d 273, 280). We therefore reach the merits of the challenge to defendant's sentence ( cf., People v Saunders, 190 A.D.2d 1092, 1093, lv denied 81 N.Y.2d 1019) and conclude that the sentence is not unduly harsh or severe. (Appeal from Judgment of Erie County Court, Rogowski, J. — Attempted Arson, 3rd Degree.)