Majority
—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the third degree. “[B]ecause defendant was sentenced in accordance with the plea agreement, he waived his right to appeal from the sentence” (People v Van Buren, 203 AD2d 961 ; see, People v Wynn, 239 AD2d 921 , lv denied 90 NY2d 912 ; cf., People v Monte, 242 AD2d 591 ). Defendant’s contention that the enhanced sentence is unduly harsh and severe does not survive the valid waiver of the right to appeal (see, People v Allen, 82 NY2d 761 ; People v West, 239 AD2d 921 , lv denied 90 NY2d 944 ). (Appeal from Judgment of Monroe County Court, Bristol, J.—Burglary, 3rd Degree.) Present—Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.
Cases cited
- People v. Allen 82 NY2d 761 p. 1087
- Bell v. Board of Education 90 NY2d 944 p. 1087