Opinion
Filed May 2, 2001.
Appeal from Judgment of Erie County Court, Pietruszka, J. — Attempted Assault, 2nd Degree.
PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, BURNS AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Contrary to the contention of defendant, he voluntarily and intelligently waived his right to appeal ( see, People v. Allen, 82 N.Y.2d 761, 763), and that waiver encompasses his contention that the sentence is unduly harsh or severe ( see, People v. Hildago, 91 N.Y.2d 733, 737). Defendant's further contention that the restitution order must be vacated because restitution was not a part of the plea agreement is not preserved for our review ( see, CPL 470.05), and in any event is lacking in merit ( see, People v. Parsons, 210 A.D.2d 901, lv denied 85 N.Y.2d 941).