Opinion
December 23, 1994
Appeal from the Erie County Court, LaMendola, J.
Present — Denman, P.J., Balio, Lawton, Callahan and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: The record establishes that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Moissett, 76 N.Y.2d 909; People v Saunders, 190 A.D.2d 1092, 1093, lv denied 81 N.Y.2d 1019). That waiver encompassed the contention of defendant regarding the purported excessiveness of his sentence (see, People v Allen, 82 N.Y.2d 761, 763; People v Griggs, 199 A.D.2d 1073, lv denied 83 N.Y.2d 853; People v Callens, 199 A.D.2d 992, lv denied 83 N.Y.2d 869).