Opinion
February 16, 2000
Appeal from Judgment of Erie County Court, DiTullio, J. — Attempted Robbery, 1st Degree.
PRESENT: GREEN, A. P. J., HURLBUTT, SCUDDER AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Because County Court did not advise defendant of the potential periods of incarceration, the waiver by defendant of the right to appeal does not encompass his challenge to the severity of the sentence ( see, People v. Wynn, 262 A.D.2d 1052; People v. Shea, 254 A.D.2d 512, 513; cf., People v. Lococo, 92 N.Y.2d 825, 827). The sentence is neither unduly harsh nor severe.