Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES G. KUKAVICA, Appellant. Judgment unanimously affirmed. Memorandum: Defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v. Moissett, 76 N.Y.2d 909; People v. Saunders, 190 A.D.2d 1092, 1093, lv denied 81 N.Y.2d 1019). The challenges to defendant's sentence as harsh or excessive and to Supreme Court's refusal to grant defendant youthful offender status do not survive the waiver of his right to appeal (see, People v. Allen, 82 N.Y.2d 761; People v. Williams, 204 A.D.2d 371).