Opinion
March 21, 2001.
Appeal from Judgment of Niagara County Court, Fricano, J. — Criminal Contempt, 1st Degree.
Before: PIGOTT, JR., P. J., WISNER, HURLBUTT, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed. Memorandum:
County Court did not abuse its discretion in summarily denying the motion of defendant to withdraw his guilty plea based on a claim not supported by the record ( see, People v. Webley, 256 A.D.2d 1119, 1119-1120, lv denied 93 N.Y.2d 880; see also, People v. Foster, 265 A.D.2d 879, lv. denied 94 N.Y.2d 822). Defendant does not challenge the validity of his waiver of the right to appeal, which encompasses his contention that the sentence is unduly harsh or severe ( see, People v. Hidalgo, 91 N.Y.2d 733, 737).