PEOPLE v. GARBUTT

ORDERED that the judgment is affirmed.

The defendant's general waiver of his right to appeal was knowingly, voluntarily, and intelligently made. Furthermore, he was aware that his failure to comply with a condition of the plea agreement would subject him to an enhanced sentence, and of what that enhanced sentence would be. Accordingly, appellate review of his contention that the enhanced sentence was unduly harsh and excessive is precluded (see, People v. Miles, 268 A.D.2d 489).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit (see, People v. Miles, supra).

O'BRIEN, J.P., ALTMAN, FEUERSTEIN and COZIER, JJ., concur.