Opinion
June 10, 1998
Appeal from Judgment of Erie County Court, McCarthy, J. — Attempted Burglary, 2nd Degree.
Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The record does not reflect that defendant made a knowing, intelligent and voluntary waiver of his right to appeal ( see, People v. Callahan, 80 N.Y.2d 273, 280). Defendant's challenge to the sentences is therefore properly before us ( see, People v. McGee, 241 A.D.2d 972, lv denied 90 N.Y.2d 941; People v. Beaty, 238 A.D.2d 928). We conclude, however, that the sentences are not unduly harsh or severe.