Opinion
Submitted August 18, 2000.
November 21, 2000.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Wong, J.), imposed October 4, 1999, on the ground that the sentence is excessive.
Lynn W. L. Fahey, New York, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Kathleen O'Leary of counsel; Rosemarie Barretta on the memorandum), for respondent.
Before: GUY JAMES MANGANO, P.J., CORNELIUS J. O'BRIEN, WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the sentence is affirmed.
The record fails to establish that the defendant's waiver of the right to appeal was knowing, voluntary, and intelligent (see, People v. Callahan, 80 N.Y.2d 273, 283; People v. McCaskell, 206 A.D.2d 547). Accordingly, he is not foreclosed from obtaining appellate review of his sentence. We conclude that the sentence imposed was not unduly harsh or excessive (see, People v. Suitte, 90 A.D.2d 80).