Opinion
(1068) KA 00-02207.
September 28, 2001.
(Appeal from Judgment of Cayuga County Court, Contiguglia, J. — Felony Driving While Intoxicated.)
PRESENT: GREEN, J.P., SCUDDER, KEHOE, GORSKI AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant was informed that an enhanced sentence could be imposed if he failed to appear for sentencing, and thus his waiver of the right to appeal encompasses his contention that the enhanced sentence is unduly harsh and severe ( see, People v. Burnice, 272 A.D.2d 882, lv denied 95 N.Y.2d 863; People v. Miles, 268 A.D.2d 489, lv denied 95 N.Y.2d 800). The contention of defendant in his pro se supplemental brief that County Court erred in imposing an enhanced sentence without affording him an opportunity to withdraw his plea is not preserved for our review ( see, People v. Monte, 242 A.D.2d 591). Defendant's remaining contentions in the pro se supplemental brief are encompassed by the waiver of the right to appeal.