People v. Harvey

—Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered July 19, 1990, convicting defendant upon his plea of guilty of the crime of assault in the first degree.

Defendant contends on appeal that the prison sentence of 5 to 15 years that he received was harsh and excessive. Initially, we find that defendant knowingly and voluntarily waived his right to appeal as a condition of the negotiated plea bargain, thereby precluding appellate review (see, People v Seaberg, 74 *957NY2d 1; see also, People v Moissett, 76 NY2d 909; People v Dews, 169 AD2d 886, lv denied 77 NY2d…