Opinion
May 28, 1993
Appeal from the Supreme Court, Erie County, Kasler, J.
Present — Callahan, J.P., Lawton, Fallon, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant, as part of a plea agreement, made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Moissett, 76 N.Y.2d 909; People v Seaberg, 74 N.Y.2d 1). Defendant's waiver of the right to appeal is ineffective, however, to the extent that it impairs defendant's right to review of his claim that he was illegally sentenced as a second felony offender (see, People v Callahan, 80 N.Y.2d 273, 280). The court did not err in summarily denying defendant's request for an adjournment to obtain information to controvert the allegations of the predicate felony statement. When, as here, a defendant admits in open court that he has a prior felony conviction, strict compliance with CPL 400.21 is waived (People v Cates, 104 A.D.2d 895, 896; People v Blair, 59 A.D.2d 767). Thus, there was no impropriety in denying defendant a hearing pursuant to CPL 400.21.
There is no merit to defendant's contention that his sentence was unduly harsh and excessive. The sentencing court noted defendant's lengthy prior criminal record before sentencing him in accordance with the plea agreement.