People v. Brathwaite

254 A.D.2d 210, 679 N.Y.S.2d 572, 1998 N.Y. App. Div. LEXIS 11352

Opinion

Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered February 7, 1996, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.

Defendant’s valid waiver of his right to appeal precludes any review of his sentence on the ground of excessiveness (People v Vasguez, 251 AD2d 61; People v Graham, 220 AD2d 215, lv denied 87 NY2d 1019). Moreover, we perceive no abuse of sentencing discretion. Concur — Milonas, J. P., Ellerin, Wallach and Tom, JJ.