Opinion
October 1, 1999
Appeal from Judgment of Supreme Court, Erie County, Burns, J. — Burglary, 1st Degree.
Judgment unanimously affirmed.
Memorandum:
Defendant voluntarily, knowingly and intelligently waived his right to appeal (see, People v. Seaberg, 74 N.Y.2d 1, 11). That waiver encompasses defendant's contention concerning the severity of the sentence (see, People v. Hidalgo, 91 N.Y.2d 733, 737). We reject the contention of defendant that the sentencing court erred in denying his pro se motion for substitution of assigned counsel (see, People v. Murray, 245 A.D.2d 531, 532, lv denied 91 N.Y.2d 943).
PRESENT: PINE, J. P., WISNER, HURLBUTT, SCUDDER AND CALLAHAN, JJ.