PEOPLE v. McLEAN

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

On appeal from a judgment convicting him upon his plea of guilty of, inter alia, criminal sale of a controlled substance in the third degree (Penal Law § 220.39), defendant contends that his waiver of the right to appeal was not knowingly, voluntarily or intelligently entered and that the sentence is unduly harsh and severe. Because County Court failed to advise defendant of the "potential periods of incarceration that could be imposed before he waived his right to appeal," the waiver, even if valid, does not encompass defendant's challenge to the severity of the sentence (People v. Webb, 299 A.D.2d 955, [Nov. 15, 2002]; see generally People v. Lococo, 92 N.Y.2d 825, 827). We conclude, however, that the sentence is neither unduly harsh nor severe.