Ordered that the judgment and sentence are affirmed.
As the defendant failed to object to either the court's original or supplemental charge on burglary in the third degree, his claim that the trial court's charge was improper is unpreserved for appellate review (see, People v Bynum, 70 N.Y.2d 858; People v Santana, 172 A.D.2d 299). In view of the overwhelming evidence of defendant's guilt we decline to reach his contention in the exercise of our interest of justice jurisdiction.
The defendant also contends that he did not waive his right to appeal his sentence on the charge of attempted burglary in the second degree, for which he pleaded guilty, by waiving his right to appeal any issues raised by the plea proceeding. "A waiver, to be enforceable, must not only be voluntary but also knowing and intelligent" (People v Seaberg, 74 N.Y.2d 1, 11; see, People v Bray, 154 A.D.2d 692). Since the defendant did not expressly waive the right to appeal his sentence on the plea, nor was this issue mentioned at his plea hearing, we find that his right to appeal the sentence was not waived (see, People v Seaberg, supra, at 7; People v Thompson, 60 N.Y.2d 513, 520). However, we find the sentences imposed to be neither unduly harsh nor excessive (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Kunzeman, Sullivan and Harwood, JJ., concur.