Majority
p. 952The People of the State of New York, Respondent, v Paul M. Vaccaro, Appellant. [616 NYS2d 279]
Judgment unanimously affirmed. Memorandum: Defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Moissett, 76 NY2d 909 ; People v Saunders, 190
p. 953
AD2d 1092 , lv denied 81 NY2d 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 NY2d 761 ). Defendant also waived his right to appeal the denial of his suppression motion (see, People v Williams, 36 NY2d 829 , 830, cert denied 423 US 873 ; see also, People v Seaberg, 74 NY2d 1 , 7). (Appeal from Judgment of Erie County Court, LaMendola, J.—Burglary, 2nd Degree.) Present—Balio, J. P., Fallon, Callahan, Davis and Boehm, JJ.
Cases cited
- People v. Moissett 76 NY2d 909 p. 952
- People v. Allen 82 NY2d 761 p. 953
- People v. Williams 36 NY2d 829 at 830 p. 953
- People v. Seaberg 74 NY2d 1 at 7 p. 953