People v. Baker

Appeal from a judgment of the County Court of Montgomery County (Aison, J.), rendered April 25, 1991, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.

Defendant contends on this appeal that his sentence of 3 to 9 years’ imprisonment was harsh and excessive. The record reveals that defendant voluntarily, knowingly and intelligently waived his right to appeal from the judgment as a part of his plea agreement (see, People v Seaberg, 74 NY2d 1, 5; People v Bennett, 152 AD2d 886, 887, lv denied 74 NY2d 845) and the…