People v. Austin

—Judgment unanimously affirmed. Memorandum: The record establishes that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Callahan, 80 NY2d 273 ; People v Moissett, 76 NY2d 909 ). That waiver encompassed the contention of defendant that the sentence is harsh and excessive (see, People v Allen, 82 NY2d 761 , 763; People v Underwood, 210 AD2d 994 ; People v Schwartz, 204 AD2d 973 ; People v Griggs, 199 AD2d 1073 , Iv denied 83 NY2d 853 ). (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J.—Criminal Possession Weapon, 4th Degree.) Present—Green, J. P., Pine, Callahan, Doerr and Davis, JJ.