Opinion
Submitted September 29, 2000.
December 19, 2000.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Kron, J.), imposed October 29, 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. (John M. Castellano and Johnnette Traill of counsel; Douglas P. Duzant on the memorandum), for respondent.
Before: DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the sentence is affirmed.
The defendant knowingly, intelligently, and voluntarily waived, without limitation, the right to appeal his conviction and sentence (see, People v. Moissett, 76 N.Y.2d 909; People v. Seaberg, 74 N.Y.2d 1). Since the defendant was informed of the maximum sentence which would be imposed pursuant to the plea agreement, his general waiver of his right to appeal encompasses his claim that the agreed-upon sentence, which was, in fact, imposed, was excessive (see, People v. Lococo, 92 N.Y.2d 825; People v. Brathwaite, 263 A.D.2d 89).