Opinion
May 20, 1993
Appeal from the County Court of Montgomery County (Aison, J.).
Defendant contends on this appeal that the sentence of 2 1/3 to 7 years' imprisonment that he received upon his plea of guilty is harsh and excessive. The record reveals that defendant knowingly and voluntarily waived his right to appeal from the judgment of County Court as a part of his plea agreement (see, People v Seaberg, 74 N.Y.2d 1; People v Burk, 181 A.D.2d 74, lv denied 80 N.Y.2d 927; People v Bennett, 152 A.D.2d 886, lv denied 74 N.Y.2d 845). The judgment is therefore affirmed (see, People v Callahan, 80 N.Y.2d 273).
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Harvey, JJ., concur. Ordered that the judgment is affirmed.