PEOPLE v. LEE (1997)

 Defendant knowingly, voluntarily and intelligently waived his right to appeal, thereby waiving any challenge to the excessiveness of his sentence (see, People v. Allen, 82 N.Y.2d 761, 763, 603 N.Y.S.2d 820, 623 N.E.2d 1170;  People v. Callens, 199 A.D.2d 992, 608 N.Y.S.2d 921, lv. denied 83 N.Y.2d 869, 613 N.Y.S.2d 130, 635 N.E.2d 299).   Because defendant agreed to the amount of restitution at the sentencing hearing, County Court did not err in failing to hold a restitution hearing (see, People v. McElrath, 241 A.D.2d 932, 661 N.Y.S.2d 361;  State of New York v. Stokols, 234 A.D.2d 222, 652 N.Y.S.2d 7;  cf., People v. Barnett, 237 A.D.2d 917, 654 N.Y.S.2d 918, lv. denied 90 N.Y.2d 855, 661 N.Y.S.2d 181, 683 N.E.2d 1055).

Judgment unanimously affirmed.

MEMORANDUM: