
    The People of the State of New York, Respondent, v David R. Cain, Jr., Appellant.
    [864 NYS2d 346]
    Appeal from a judgment of the Niagara County Court (Angelo J. Morinello, J.), rendered May 16, 2007. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the second degree.
    It is hereby ordered that the judgment so appealed from is unanimously affirmed.
    Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]). The valid waiver by defendant of the right to appeal encompasses his challenge to the severity of the sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Burney, 41 AD3d 1221 [2007], lv denied 9 NY3d 863 [2007]; People v Stanton, 31 AD3d 1219 [2006]). In any event, the sentence is not unduly harsh or severe. Although the further contention of defendant that he was denied his constitutional right to a speedy trial survives his waiver of the right to appeal and the guilty plea, that contention is without merit (see People v Barnes, 41 AD3d 1309 [2007], lv denied 9 NY3d 920 [2007]; Stanton, 31 AD3d 1219 [2006]). Present— Scudder, P.J., Hurlbutt, Martoche, Green and Gorski, JJ.
     