People v. Myers

—Judgment unanimously affirmed. Memorandum: The contention of defendant that his sentence is unduly harsh and severe does not survive the knowing, intelligent and voluntary waiver of his right to appeal (see, People v Allen, 82 NY2d 761; People v Chandler, 244 AD2d 897, lv denied 91 NY2d 870). (Appeal from Judgment of . Niagara County Court, Fricano, J.— Attempted Use of Child in Sexual Performance.) Present— Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.