People v. Mitchell

293 A.D.2d 305, 739 N.Y.S.2d 573, 2002 N.Y. App. Div. LEXIS 3581

Opinion

Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered November 4, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

The record of the plea proceedings establishes that defendant’s waiver of his right to appeal encompassed the issues he now seeks to raise (see, People v Kemp, 94 NY2d 831), which are unavailing in any event. There is no basis upon which to find the waiver invalid.

We perceive no basis for a reduction of sentence. Concur— Nardelli, J.P., Mazzarelli, Andrias, Rosenberger and Friedman, JJ.