People v. Stewart , 636 N.Y.S.2d 713 ( 1995 )

—Judgment unanimously affirmed. Memorandum: The contention of defendant that his sentence is unduly harsh or severe does not survive the voluntary, knowing and intelligent waiver of his right to appeal (see, People v Allen, 82 NY2d 761; People v Beaner, 219 AD2d 827; People v Saunders, 190 AD2d 1092, 1093, lv denied 81 NY2d 1019). (Appeal from Judgment of Niagara County Court, Fricano, J. — Criminal Mischief, 3rd Degree.) Present — Pine, J. P., Lawton, Wesley, Davis and Boehm, JJ.