People v. Costner (233 A.D.2d 935, 1996)

Judgment unanimously affirmed. Memorandum: The contention of defendant that his sentence is unduly harsh or severe does not survive his knowing, intelligent and voluntary waiver of his right to appeal (see, People v Allen, 82 NY2d 761, 763; People v Stewart, 222 AD2d 1111, Iv denied 87 NY2d 977). (Appeal from Judgment of Supreme Court, Erie County, Forma, J.—Attempted Reckless Endangerment, 2nd Degree.) Present—Pine, J. P., Fallon, Wesley, Davis and Boehm, JJ.