Opinion
May 30, 1997
Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Defendant knowingly, intelligently and voluntarily waived his right to appeal. The contention that his sentence is unduly harsh and severe does not survive that waiver (see, People v. Allen, 82 N.Y.2d 761; People v Delgado, 237 A.D.2d 972). Supreme Court's statement at sentencing that defendant had 30 days to appeal does not vitiate defendant's otherwise valid waiver of the right to appeal (see, People v. Moissett, 76 N.Y.2d 909, 912). (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Criminal Possession Controlled Substance, 7th Degree.)