People v. Graczyk

—Judgment unani*997mously affirmed. Memorandum: The contention of defendant that his sentence is unduly harsh or excessive does not survive the voluntary, knowing and intelligent waiver of his right to appeal (see, People v Allen, 82 NY2d 761; People v Saunders, 190 AD2d 1092, lv denied 81 NY2d 1019).

The further contention of defendant that his sentence should be modified because he was under the impression that he would receive a maximum term of 25 to 50 years imprisonment is without merit. The record establishes that the court repeatedly refused to commit to a promised sentence. Moreover,…