Majority
p. 1048The People of the State of New York, Respondent, v Louis Matos, Appellant. [595 NYS2d 356]
—Judgment unanimously affirmed. Memorandum: The record does not reflect that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (compare, People v Moissett, 76 NY2d 909 ; People v Seaberg, 74 NY2d 1 , 11). Upon our review of the issue whether the sentence imposed was harsh and excessive, we conclude that it lacks merit. (Appeal from Judgment of Supreme Court, Monroe County, Bergin, J. — Criminal Sale Controlled Substance, 2nd Degree.) Present — Pine, J. P., Balio, Lawton, Boomer and Davis, JJ.
Cases cited
- People v. Moissett 76 NY2d 909 p. 1048
- People v. Seaberg 74 NY2d 1 at 11 p. 1048