People v. Parker

267 A.D.2d 79, 699 N.Y.S.2d 679, 1999 N.Y. App. Div. LEXIS 12713

Opinion

—Judgment, Supreme Court, Bronx County (Richard Price, J.), rendered August 6, 1998, 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 3V2 to 7 years, unanimously affirmed.

The record of defendant’s plea allocution confirms that he voluntarily and knowingly waived his right to appeal (see, People v Moissett, 76 NY2d 909). Since defendant’s plea agreement sets forth the agreed sentence, his waiver forecloses review of his excessive sentence claim (People v Hidalgo, 91 NY2d 733; People v Seaberg, 74 NY2d 1, 9). In any event, we perceive no abuse of sentencing discretion. Concur — Rosenberger, J. P., Tom, Mazzarelli, Lerner and Rubin, JJ.