Opinion
July 29, 1996
Appeal from the County Court, Orange County (Byrne, J.).
Ordered that the judgment is affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal his conviction and sentence as part of his negotiated plea of guilty (see, People v. Callahan, 80 N.Y.2d 273). Thus, the defendant is precluded from claiming that the sentence imposed by the court was excessive (see, People v Callahan, supra; People v. Sanchez, 198 A.D.2d 244).
The defendant further alleges that he is entitled to a credit toward his sentence for a 58-day period that he spent at a "secure rehabilitation center pursuant to a court order". However, this claim is properly brought in a CPLR article 78 proceeding and not on direct appeal from a judgment of conviction (see, e.g., Matter of Gant v. O'Keefe, 143 A.D.2d 460).
The defendant's remaining contentions are either waived or without merit. Mangano, P.J., Rosenblatt, Pizzuto and Hart, JJ., concur.