¶1—Judgment unanimously affirmed. Memorandum: The record establishes that defendant made a knowing, intelligent and voluntary waiver of his right to appeal (see, People v Callahan, 80 NY2d 273, 280; cf., People v Boyd [appeal No. 1], 251 AD2d 1082). County Court was not required to engage in any particular litany during the plea allocution (see, People v Hidalgo, 91 NY2d 733, 737; People v Moissett, 76 NY2d 909, 910-911). In any event, we conclude that the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Erie County Court, DiTullio, J. — Assault, 2nd Degree.) Present — Denman, P. J., Green, Pine, Hayes and Boehm, JJ.
255 A.D.2d 939
People v. Kiblin
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1998
Appellate Division of the Supreme Court of the State of New York · decided 1998-11-13
Decided 1998-11-13