—Judgment unanimously affirmed. Memorandum: The record establishes that defendant’s waiver of the right to appeal was knowing, intelligent and voluntary (see, People v Callahan, 80 NY2d 273, 280). That waiver encompasses defendant’s challenge to the severity of the sentence (see, People v Lococo, 92 NY2d 825, 827; People v Hidalgo, 91 NY2d 733, 737) and also encompasses the issues raised in defendant’s pro se supplemental brief (see, People v Callahan, supra, at 280; People v Saunders, 190 AD2d 1092, 1093, lv denied 81 NY2d 1019). (Appeal from Judgment of Niagara County Court, Fricano, J. — Assault, 1st Degree.) Present — Lawton, J. P., Hayes, Wisner, Hurlbutt and Callahan, JJ.
The People of the State of New York, Respondent, v. Michael P. Novak, Appellant
263 A.D.2d 966693 N.Y.S.2d 471
Authorities cited
No cited authorities resolved to law.co cases yet.