Judgment unanimously affirmed.
Memorandum:
The contention of defendant that the Grand Jury proceeding was defective does not survive his guilty plea. The alleged error was evidentiary, not jurisdictional ( see, People v. Hansen, 95 N.Y.2d 227, 231; People v. Robertson, 279 A.D.2d 711, 712-713, lv denied 96 N.Y.2d 805). Furthermore, to the extent that defendant contends that the prosecutor engaged in misconduct during the Grand Jury proceeding, that contention also does not survive his guilty plea ( see, People v. Hansen, supra, at 231-232; People v. Di Raffaele, 55 N.Y.2d 234, 240; People v. Emmi, 254 A.D.2d 840, lv denied 92 N.Y.2d 949). The waiver by defendant of the right to appeal forecloses review of his further contention that the sentence is unduly harsh or severe ( see, People v. Hidalgo, 91 N.Y.2d 733, 737).