PEOPLE v. MITCHELL

Judgment unanimously affirmed.

Memorandum:

The waiver by defendant of the right to appeal as part of his plea of guilty encompasses his contention concerning the severity of the sentence ( see, People v. Lococo, 92 N.Y.2d 825, 827). The waiver also encompasses the contention of defendant in his pro se supplemental brief that he was denied the right to testify before the Grand Jury ( see, People v. Allred, 270 A.D.2d 926 [decided Mar. 29, 2000]; People v. Lynch, 256 A.D.2d 651, lv denied 93 N.Y.2d 1004; People v. Nesbett, 255 A.D.2d 950).