PEOPLE v. RODRIGUEZ

Judgment unanimously affirmed. Memorandum: Although defendant's waiver of the right to appeal encompassed the original sentence of probation (see, People v. Seaberg, 74 N.Y.2d 1), it did not encompass the resentencing following defendant's violation of probation (see, People v. Daniel A., 259 A.D.2d 983 [decided herewith]). We conclude, however, that the sentence is neither unduly harsh nor severe.

Present — Denman, P. J., Green, Pine, Hayes and Hurlbutt, JJ.