
    The People of the State of New York, Respondent, v Michael Kearney, Appellant.
    [698 NYS2d 193]
   —Judgment unanimously affirmed. Memorandum: The negotiated sentence is neither unduly harsh nor severe (see, People v Kohler, 147 AD2d 937, lv denied 73 NY2d 1017). Contrary to the contention of the People, defendant need not preserve his right to appeal the harshness of the negotiated sentence (see, People v Pollenz, 67 NY2d 264, 268). (Appeal from Judgment of Monroe County Court, Egan, J. — Burglary, 3rd Degree.) Present — Den-man, P. J., Green, Pine, Scudder and Callahan, JJ.  