SPAIN
Alexander Lesyk, Norwood, for appellant. Nicole M. Duve, District Attorney, Canton (Jonathan L. Becker of counsel), for respondent.
Before: MERCURE, J.P., SPAIN, MALONE JR., STEIN and McCARTHY, JJ.
SPAIN, J.
Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered November 7, 2011, convicting defendant upon his plea of guilty of the crimes of assault in the second degree and forcible touching.
In satisfaction of a superior court information and a related pending rape indictment, defendant pleaded guilty to assault in the second degree and forcible touching. Defendant signed a written waiver of his right to appeal in open court, after the court ascertained defendant's understanding*536of the waiver. No promise was made regarding sentencing although defendant was advised of the maximum potential sentence. Defendant was thereafter sentenced, as an admitted second felony offender, to, among other things, an aggregate prison term of seven years, followed by five years of postrelease supervision. Defendant now appeals, contending that his sentence is harsh and excessive.
We affirm. To the extent that defendant contends that his waiver of the right to appeal was invalid, we are unpersuaded.
The plea allocution—which included an oral waiver—and the written waiver demonstrate that defendant knowingly, intelligently and voluntarily waived his right to appeal the conviction and sentence ( see People v. Jerome, 98 A.D.3d 1188, 1189, 951 N.Y.S.2d 586 [2012];see also People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006];People v. Ducheneaux, 97 A.D.3d 852, 853, 947 N.Y.S.2d 681 [2012] ). Consequently, we are precluded from considering his claim that the sentence imposed is harsh and excessive ( see People v. Hidalgo, 91 N.Y.2d 733, 736–737, 675 N.Y.S.2d 327, 698 N.E.2d 46 [1998];People v. Lopez, 97 A.D.3d 853, 853–854, 948 N.Y.S.2d 174 [2012],lv. denied19 N.Y.3d 1027, 953 N.Y.S.2d 560, 978 N.E.2d 112 [2012];see also People v. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145).
ORDERED that the judgment is affirmed. MERCURE, J.P., MALONE JR., STEIN and McCARTHY, JJ., concur.