Majority
p. 929The People of the State of New York, Respondent, v Michael W. Myers, Appellant. (Appeal No. 1.) [671 NYS2d 394]
—Judgment unanimously affirmed. Memorandum: The contention of defendant that his sentence is unduly harsh and severe does not survive the knowing, intelligent and voluntary waiver of his right to appeal (see, People v Allen, 82 NY2d 761 ; People v Chandler, 244 AD2d 897 , lv denied 91 NY2d 870 ). (Appeal from Judgment of . Niagara County Court, Fricano, J.— Attempted Use of Child in Sexual Performance.) Present— Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.
Cases cited
- People v. Allen 82 NY2d 761 p. 929