Opinion
December 29, 1993
Appeal from the Erie County Court, Rogowski, J.
Present — Callahan, J.P., Pine, Fallon, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's waiver of the right to appeal was knowingly, voluntarily and intelligently made (see, People v Moissett, 76 N.Y.2d 909). Defendant has raised no claims that survive such a waiver (see, People v Callahan, 80 N.Y.2d 273, 280). Were we to review the issue whether the sentence was harsh or excessive, we would conclude that it lacks merit.