Majority
p. 935The People of the State of New York, Respondent, v Corey J. Costner, Appellant. (Appeal No. 1.) [649 NYS2d 876]
Judgment unanimously affirmed. Memorandum: The contention of defendant that his sentence is unduly harsh or severe does not survive his knowing, intelligent and voluntary waiver of his right to appeal (see, People v Allen, 82 NY2d 761 , 763; People v Stewart, 222 AD2d 1111 , Iv denied 87 NY2d 977 ). (Appeal from Judgment of Supreme Court, Erie County, Forma, J.—Attempted Reckless Endangerment, 2nd Degree.) Present—Pine, J. P., Fallon, Wesley, Davis and Boehm, JJ.
Cases cited
- People v. Allen 82 NY2d 761 at 763 p. 935