Opinion
January 20, 1994
Appeal from the County Court of Schenectady County (Aison, J.).
Despite being sentenced in accordance with the terms of a plea bargain, defendant is claiming that he should be resentenced because when it sentenced him County Court allegedly relied on inaccurate and prejudicial statements contained in the presentence investigation report. Inasmuch as defendant is not challenging the legality of the sentence, this appeal is precluded by his waiver of his right to appeal which we find was knowingly and voluntarily made (see, People v. Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1, 9; People v. Govan, 199 A.D.2d 815; People v. Korona, 197 A.D.2d 788). Additionally, this appeal is foreclosed by defendant's failure to object at the time of sentencing (see, People v. De Torres, 96 A.D.2d 609). Were we to reach the merits, we would affirm because the allegedly prejudicial information did not induce County Court to retract its promise to impose the sentence contemplated by the plea bargain.
Cardona, P.J., Mikoll, Crew III and Weiss, JJ., concur. Ordered that the judgment is affirmed.