Opinion
387
March 15, 2002.
Appeal from a judgment of Oswego County Court (Hafner, Jr., J.), entered December 17, 1999, convicting defendant upon his plea of guilty of burglary in the second degree.
D.J. J.A. Cirando, ESQS., Syracuse (John A. Cirando of counsel), for defendant-appellant.
Dennis N. Hawthorne, Sr., District Attorney, Oswego (Donald E. Todd of counsel), for plaintiff-respondent.
PRESENT: GREEN, J.P., SCUDDER, KEHOE, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of burglary in the second degree (Penal Law § 140.25) and sentencing him to an indeterminate term of incarceration of 4 to 8 years. The contention of defendant that his plea was not voluntarily entered survives his waiver of the right to appeal ( see, People v. DeJesus, 248 A.D.2d 1023, lv denied 92 N.Y.2d 879), and he preserved that contention for our review by moving to withdraw the plea ( cf., People v. DeJesus, supra). We conclude, however, that defendant's contention is without merit. The record reflects that defendant "`knew and understood the terms'" of the plea bargain ( People v. Moissett, 76 N.Y.2d 909, 912). The further contention of defendant that the sentence is unduly harsh and severe is encompassed by his waiver of the right to appeal ( see, People v. Lococo, 92 N.Y.2d 825, 827) and, in any event, that contention is without merit.