Majority
p. 859The People of the State of New York, Respondent, v Robert McCall, Appellant. [648 NYS2d 418]
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 , 763; People v Stewart, 222 AD2d 1111 , lv denied 87 NY2d 977 ). (Appeal from Judgment of Supreme Court, Erie County, Rossetti, J.—Attempted Arson, 3rd Degree.) Present—Denman, P. J., Green, Callahan, Doerr and Davis, JJ.
Cases cited
- People v. Allen 82 NY2d 761 at 763 p. 859