Opinion
December 27, 2000.
Appeal from Judgment of Supreme Court, Erie County, Forma, J. — Attempted Sexual Abuse, 2nd Degree.
PRESENT: PIGOTT, JR., P. J., GREEN, HAYES, WISNER AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
We reject defendant's contention that Supreme Court abdicated its sentencing discretion to the victims. Contrary to the contention of defendant, the record establishes that his waiver of the right to appeal was knowing, voluntary and intelligent ( see, People v. Kemp, 94 N.Y.2d 831, 833). That waiver encompasses defendant's challenge to the severity of the sentence ( see, People v. Hidalgo, 91 N.Y.2d 733, 737). In any event, the sentence is neither unduly harsh nor severe.