Opinion
November 12, 1999
Appeal from Judgment of Monroe County Court, Egan, J. — Burglary, 3rd Degree.
PRESENT: DENMAN, P. J., GREEN, PINE, SCUDDER AND CALLAHAN, JJ.
Judgment unanimously affirmed. Memorandum: The negotiated sentence is neither unduly harsh nor severe (see, People v. Kohler, 147 A.D.2d 937, lv denied 73 N.Y.2d 1017). Contrary to the contention of the People, defendant need not preserve his right to appeal the harshness of the negotiated sentence (see, People v. Pollenz, 67 N.Y.2d 264, 268).