The issue raised on this appeal is whether the sentence imposed was excessive. As a condition of defendant's negotiated plea of guilty to violation of probation, he waived his right to appeal from the ongoing plea proceeding in the presence of his attorney in open court. Since the record indicates that the waiver was knowing, voluntary and intelligent, this appeal must be dismissed (see, People v. Harvey, 124 A.D.2d 943, 944).
Appeal dismissed. Main, J.P., Casey, Weiss, Mikoll and Levine, JJ., concur.