Majority
p. 1111The People of the State of New York, Respondent, v Michael C. Stewart, Appellant. [636 NYS2d 713]
—Judgment unanimously affirmed. Memorandum: The contention of defendant that his sentence is unduly harsh or severe does not survive the voluntary, knowing and intelligent waiver of his right to appeal (see, People v Allen, 82 NY2d 761 ; People v Beaner, 219 AD2d 827 ; People v Saunders, 190 AD2d 1092 , 1093, lv denied 81 NY2d 1019 ). (Appeal from Judgment of Niagara County Court, Fricano, J. — Criminal Mischief, 3rd Degree.) Present — Pine, J. P., Lawton, Wesley, Davis and Boehm, JJ.
Cases cited
- People v. Allen 82 NY2d 761 p. 1111