Opinion
July 8, 1993
Appeal from the County Court of Montgomery County (Aison, J.).
Defendant contends on this appeal that his sentence of 3 to 9 years' imprisonment was harsh and excessive. The record reveals that defendant voluntarily, knowingly and intelligently waived his right to appeal from the judgment as a part of his plea agreement (see, People v. Seaberg, 74 N.Y.2d 1, 5; People v Bennett, 152 A.D.2d 886, 887, lv denied 74 N.Y.2d 845) and the judgment must therefore be affirmed (see, People v. Callahan, 80 N.Y.2d 273). Were we to consider the merits of defendant's argument, we would find no basis to disturb the sentence imposed by County Court given that defendant's plea was in satisfaction of one 10-count indictment and another six-count indictment and defendant knew that he would receive the sentence ultimately imposed by County Court, which was less than the harshest possible sentence (see, People v. Mackey, 136 A.D.2d 780, 781, lv denied 71 N.Y.2d 899).
Mikoll, J.P., Yesawich Jr., Levine and Crew III, JJ., concur. Ordered that the judgment is affirmed.