People v. McCall

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, 763; People v Stewart, 222 AD2d 1111, lv denied 87 NY2d 977). (Appeal from Judgment of Supreme Court, Erie County, Rossetti, J.—Attempted Arson, 3rd Degree.) Present—Denman, P. J., Green, Callahan, Doerr and Davis, JJ.