Opinion
July 15, 1994
Appeal from the Erie County Court, LaMendola, J.
Present — Balio, J.P., Fallon, Callahan, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v. Moissett, 76 N.Y.2d 909; People v. Saunders, 190 A.D.2d 1092, lv denied 81 N.Y.2d 1019). The challenge by defendant to his sentence on the ground that it is harsh and excessive did not survive his waiver (see, People v. Allen, 82 N.Y.2d 761). Defendant also waived his right to appeal the denial of his suppression motion (see, People v. Williams, 36 N.Y.2d 829, 830, cert denied 423 U.S. 873; see also, People v. Seaberg, 74 N.Y.2d 1, 7).