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THE PEOPLE, ETC., respondent, v. JUAN ORTIZ, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

To the extent that the defendant contends that he complied with the conditions of his plea agreement and the court therefore erred in imposing an enhanced sentence, his contention is unpreserved for appellate review and, in any event, is without merit (see People v. Pike, 276 A.D.2d 649). Further, the defendant was advised of the enhanced sentence which would be imposed if he failed to comply with the plea agreement and he specifically waived his right to appeal any enhanced sentence imposed. Consequently, appellate review of his contention that his enhanced sentence is harsh and excessive is precluded by the knowing, voluntary, and intelligent waiver of his right to appeal (see People v. Pike, supra; People v. Miles, 268 A.D.2d 489).

ALTMAN, J.P., FEUERSTEIN, FRIEDMANN, SCHMIDT and TOWNES, JJ., concur.

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PEOPLE v. ORTIZ
(Jun 10, 2002)