PEOPLE v. HOLDER

Defendant contends that he did not effectively waive his right to appeal his sentence and that his sentence of 1 1/3 to 4 years' imprisonment is harsh and excessive. We find that defendant's waiver of his right to appeal was knowing and voluntary. Such a waiver includes a waiver of the right to challenge the sentence imposed particularly where, as here, the particular sentence to be imposed is set forth on the record as part of the plea agreement (see, People v. Burk, 181 A.D.2d 74, 81, lv denied 80 N.Y.2d 927; People v. Colantonio, 144 A.D.2d 730, lv denied 73 N.Y.2d 890; see also, People v. Dews, 169 A.D.2d 886, lv denied 77 N.Y.2d 905). Were we to consider the merits, we would find that there is no reason to disturb the sentence imposed by County Court given that defendant pleaded guilty to a class E felony knowing that he would receive the sentence imposed as a part of a negotiated plea after having initially been charged with commission of a class B felony (see, People v. Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).

Weiss, P.J., Mikoll, Mercure, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed.