Opinion
November 1, 1993
Appeal from the Supreme Court, Westchester County (Rosato, J.).
Ordered that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily and intelligently waived his right to appeal his conviction and sentence as part of his negotiated plea of guilty (see, People v Seaberg, 74 N.Y.2d 1; People v Wong, 194 A.D.2d 442; People v Ortiz, 186 A.D.2d 828). Thus, the defendant is precluded from claiming that the sentence imposed by the court was excessive (see, People v Callahan, 80 N.Y.2d 273; People v Wong, supra). Moreover, were we to review the defendant's claim, we would find it to be without merit (see, People v Kapezis, 101 A.D.2d 816). Bracken, J.P., Balletta, Eiber, O'Brien and Pizzuto, JJ., concur.