
    The People of the State of New York, Respondent, v Kenneth Tober, Jr., Appellant.
    [598 NYS2d 745]
   —Judgment unanimously affirmed. Memorandum: We conclude that defendant’s waiver of the right to appeal was knowingly, voluntarily and intelligently made (see, People v Saunders, 190 AD2d 1092). Were we to review the issue whether the sentence was harsh and excessive, we would conclude that it lacks merit. (Appeal from Judgment of Erie County Court, LaMendola, J. —Burglary, 3rd Degree.) Present — Denman, P. J., Green, Balio, Fallon and Davis, JJ.  