
    The People of the State of New York, Respondent, v Luis Davila, Appellant.
   — Judgment unanimously affirmed. Memorandum: On this record it cannot be said that defendant knowingly and voluntarily waived his right to appeal. We have, therefore, reviewed defendant’s claim that the sentence imposed by the court is harsh and excessive, and we find that it is without merit. (Appeal from judgment of Onondaga County Court, Cunningham, J. — attempted criminal sale of controlled substance, third degree.) Present — Dillon, P. J., Callahan, Denman, Balio and Lawton, JJ.  