People v. Vega

256 A.D.2d 157, 683 N.Y.S.2d 423, 1998 N.Y. App. Div. LEXIS 13705

Opinion

—Judgment, Supreme Court, Bronx County (Steven Lloyd Barrett, J.), entered May 19, 1997, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The record of defendant’s plea allocution establishes that he voluntarily and intelligently waived his right to appeal (see, People v Perez, 245 AD2d 20, lv denied 91 NY2d 896; People v Aponte, 212 AD2d 157). This waiver forecloses review of his claims that his sentence was excessive (People v Hidalgo, 91 NY2d 733; People v Seaberg, 74 NY2d 1, 9-10) or procedurally defective (People v Callahan, 80 NY2d 273, 281). Concur— Ellerin, J. P., Nardelli, Rubin and Saxe, JJ.