Civil Procedure · MBE-tested
The People of the State of New York, Respondent, v. Ernest Patterson, Appellant
265 A.D.2d 843696 N.Y.S.2d 720·New York Supreme Court, Appellate Division·1999·NY
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Opinion
The People of the State of New York, Respondent, v Ernest Patterson, Appellant.
[696 NYS2d 720]
[MAJORITY]
—Judgment unanimously affirmed. Memorandum: Defendant voluntarily, knowingly and intelligently waived his right to appeal (see, People v Seaberg, 74 NY2d 1, 11). That waiver encompasses defendant’s contention concerning the severity of the sentence (see, People v Hidalgo, 91 NY2d 733, 737). We reject the contention of defendant that the sentencing court erred in denying his pro se motion for substitution of assigned counsel (see, People v Murray, 245 AD2d 531, 532, lv denied 91 NY2d 943). (Appeal from Judgment of Supreme Court, Erie County, Burns, J. — Burglary, 1st Degree.) Present — Pine, J. P., Wisner, Hurl-butt, Scudder and Callahan, JJ.