Opinion
December 30, 1987
Appeal from the County Court of Albany County (Turner, Jr., J.).
After plea-bargaining negotiations, defendant entered a plea of guilty to attempted burglary in the second degree in full satisfaction of the indictment which charged him with burglary in the second degree. He was sentenced as a second felony offender to an indeterminate term of imprisonment of 3 to 6 years. Defendant admitted his prior felony, and at the time of his plea County Court explained that he could receive 3 1/2 to 7 years. Having been so informed, defendant voluntarily entered the plea and waived his right to appeal. Despite the waiver, defendant now complains of the excessiveness of his sentence.
Defendant admitted the essential elements of the crime and negotiated a favorable plea bargain. His waiver of his right to appeal was knowingly and intelligently made. This appeal must, therefore, be dismissed (see, People v Koskowski, 134 A.D.2d 743; People v Harvey, 124 A.D.2d 943, lv denied 69 N.Y.2d 746).
Appeal dismissed. Mahoney, P.J., Main, Casey, Weiss and Levine, JJ., concur.