People v. Novak

—Judgment unanimously affirmed. Memorandum: The record establishes that defendant’s waiver of the right to appeal was knowing, intelligent and voluntary (see, People v Callahan, 80 NY2d 273 , 280). That waiver encompasses defendant’s challenge to the severity of the sentence (see, People v Lococo, 92 NY2d 825 , 827; People v Hidalgo, 91 NY2d 733 , 737) and also encompasses the issues raised in defendant’s pro se supplemental brief (see, People v Callahan, supra, at 280 ; People v Saunders, 190 AD2d 1092 , 1093, lv denied 81 NY2d 1019 ). (Appeal from Judgment of Niagara County Court, Fricano, J. — Assault, 1st Degree.) Present — Lawton, J. P., Hayes, Wisner, Hurlbutt and Callahan, JJ.