People v. Rivera

Judgment, Supreme Court, Bronx County (Arlene Silverman, J.), rendered July 16, 1991, which convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree and sentenced him, as a second felony offender, to a term of imprisonment of 2 Vi to 5 years, unanimously affirmed.

Review of the record reveals that defendant knowingly, voluntarily, and intelligently waived the right to appeal (People v Burk, 181 AD2d 74 , 75, lv denied 80 NY2d 927 ). "Having received the benefit of his bargain, defendant should be bound by its terms.” (People v Felman, 141 AD2d 889 , 890, lv denied 72 NY2d 918 .) Were we to review defendant’s claim, we would find the sentence was not excessive. Concur—Rosenberger, J. P., Ellerin, Kupferman, Asch and Rubin, JJ.