Majority
p. 810The People of the State of New York, Respondent, v Kevin W. Payne, Appellant. [696 NYS2d 925]
—Judgment unanimously affirmed. Memorandum: Defendant’s knowing, voluntary and intelligent waiver of the right to appeal encompasses defendant’s challenge to the severity of the sentence (see, People v Allen, 82 NY2d 761 , 763; see also, People v Hidalgo, 91 NY2d 733 , 737). In any event, the negotiated sentence is neither unduly harsh nor severe. (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J. — Manslaughter, 1st Degree.) Present — Green, J. P., Lawton, Pigott, Jr., Scudder and Balio, JJ.
Cases cited
- People v. Allen 82 NY2d 761 at 763 p. 810
- People v. Hidalgo 91 NY2d 733 at 737 p. 810