Opinion
November 13, 2000.
Appeal from Judgment of Supreme Court, Erie County, Burns, J. — Criminal Possession Weapon, 3rd Degree.
PRESENT: PIGOTT, JR., P. J., WISNER, KEHOE AND BALIO, JJ.
Judgment unanimously affirmed.
Memorandum:
The record establishes that defendant knowingly, intelligently and voluntarily waived his right to appeal ( see, People v. Hidalgo, 91 N.Y.2d 733, 736; People v. Callahan, 80 N.Y.2d 273, 280). That waiver encompasses the contention of defendant that Supreme Court erred in denying his suppression motion ( see, People v. Duncan, 267 A.D.2d 995, lv denied 94 N.Y.2d 918; People v. Frank, 258 A.D.2d 900, lv denied 93 N.Y.2d 924; People v. Outling, 231 A.D.2d 911, lv denied 89 N.Y.2d 945). The waiver also encompasses defendant's contention that the sentence is harsh and excessive ( see, People v. Hidalgo, supra, at 734). In any event, we conclude that the sentence is neither unduly harsh nor severe. Although a defendant always retains the right to challenge the legality of a sentence ( see, People v. Seaberg, 74 N.Y.2d 1, 10), the record does not support defendant's contention that the sentence on one count of criminal possession of a weapon in the third degree (Penal Law § 265.02) is illegal.