People v. Mitchell

Judgment unanimously affirmed. Memorandum: The record establishes that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Moissett, 76 NY2d 909 ; People v Underwood, 210 AD2d 994 ; People v Saunders, 190 AD2d 1092 , 1093, lv denied 81 NY2d 1019 ). That waiver encompassed the contention of defendant regarding the purported excessiveness of his sentence (see, People v Allen, 82 NY2d 761 , 763; People v Griggs, 199 AD2d 1073 , lv denied 83 NY2d 853 ; People v Callens, 199 AD2d 992 , lv denied 83 NY2d 869 ). (Appeal from Judgment of Erie County Court, Drury, J.— Criminal Possession Controlled Substance, 2nd Degree.) Present—Denman, P. J., Pine, Callahan, Doerr and Balio, JJ.