Opinion
(1119) KA 99-05485.
September 28, 2001.
(Appeal from Judgment of Oneida County Court, Dwyer, J. — Criminal Possession Stolen Property, 4th Degree.)
PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, KEHOE AND GORSKI, JJ.
Judgment unanimously affirmed. Memorandum:
Upon our review of the record, we conclude that defendant's waiver of the right to appeal was voluntary, knowing and intelligent ( see, People v. Callahan, 80 N.Y.2d 273, 283; People v. Debo, 234 A.D.2d 944, 945, lv denied 89 N.Y.2d 984). The waiver encompasses defendant's contention concerning the severity of the sentences ( see, People v. Lococo, 92 N.Y.2d 825, 827). The challenge of defendant to the voluntariness of the pleas survives his waiver of the right to appeal ( see, People v. Faison, 270 A.D.2d 717). Defendant failed, however, to preserve that challenge for our review by moving to withdraw the pleas or to vacate the judgments of conviction ( see, People v. Ostrander, 136 A.D.2d 760, 760-761; see also, People v. Faison, supra).