People v. Cammarata

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for resentencing in accordance with the following Memorandum: Defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Moissett, 76 NY2d 909). His contention that his sentence is unduly harsh or severe does not survive the waiver (see, People v Allen, 82 NY2d 761, 763; People v Saunders, 190 AD2d 1092, Iv denied 81 NY2d 1019).

The People concede, however, that defendant was illegally sentenced as a second felony offender on his conviction of aggravated…