People v. Vaccaro (206 A.D.2d 952, 1994)

Judgment unanimously affirmed. Memorandum: Defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Moissett, 76 NY2d 909; People v Saunders, 190 AD2d 1092, lv denied 81 NY2d 1019). The challenge by defendant to his sentence on the ground that it is harsh and excessive did not survive his waiver (see, People v Allen, 82 NY2d 761). Defendant also waived his right to appeal the denial of his suppression motion (see, People v Williams, 36 NY2d 829, 830, cert denied 423 US 873; see also, People v Seaberg, 74 NY2d 1, 7). (Appeal from Judgment of Erie County Court, LaMendola, J.—Burglary, 2nd Degree.) Present—Balio, J. P., Fallon, Callahan, Davis and Boehm, JJ.