Opinion
July 9, 1999
Appeal from Judgment of Niagara County Court, Fricano, J. — Assault, 1st Degree.
PRESENT: LAWTON, J. P., HAYES, WISNER, HURLBUTT AND CALLAHAN, JJ.
Judgment unanimously affirmed. Memorandum: The record establishes that defendant's waiver of the right to appeal was knowing, intelligent and voluntary ( see, People v. Callahan, 80 N.Y.2d 273, 280). That waiver encompasses defendant's challenge to the severity of the sentence ( see, People v. Lococo, 92 N.Y.2d 825, 827; People v. Hidalgo, 91 N.Y.2d 733, 737) and also encompasses the issues raised in defendant's pro se supplemental brief ( see, People v. Callahan, supra, at 280; People v. Saunders, 190 A.D.2d 1092, 1093, lv denied 81 N.Y.2d 1019).