Majority
p. 897The People of the State of New York, Respondent, v Darnell Freeman, Appellant. [604 NYS2d 858]
—Judgment unanimously affirmed. Memorandum: Defendant’s waiver of the right to appeal did not include a waiver of the right to appeal his sentence. The sentence imposed is not harsh and excessive. (Appeal from Judgment of Supreme Court, Erie County, Doyle, Jr., J.—Attempted Robbery, 2nd Degree.) Present—Denman, P. J., Green, Balio, Boomer and Boehm, JJ.