Majority
p. 951The People of the State of New York, Respondent, v Justin Johns, Appellant. [668 NYS2d 134]
—Judgment unani
p. 952
mously 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 West, 239 AD2d 921 ). In any event, defendant’s sentence is neither unduly harsh nor severe (see, People v Wiggins, 227 AD2d 918 , lv denied 89 NY2d 1016 ). (Appeal from Judgment of Niagara County Court, Fricano, J.—Attempted Criminal Possession Controlled Substance, 3rd Degree.) Present—Denman, P. J., Hayes, Callahan and Fallon, JJ.
Cases cited
- People v. Allen 82 NY2d 761 at 763 p. 952
- People v. Wiggins 227 AD2d 918 p. 952