Opinion
July 16, 1993
Appeal from the Supreme Court, Erie County, Kubiniec, J.
Present — Callahan, J.P., Pine, Lawton, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The record supports the conclusion that defendant's waiver of his right to appeal was knowing, intelligent, and voluntary (see, People v. Callahan, 80 N.Y.2d 273; People v. Moissett, 76 N.Y.2d 909). Defendant has raised no "categories of * * * claims" that survive his waiver (People v. Callahan, supra, at 280; see, People v. Saunders, 190 A.D.2d 1092). Were we to review the merits of defendant's appeal, we would conclude that the sentence was not harsh and excessive.