Majority
p. 79The People of the State of New York, Respondent, v Christopher Parker, Appellant. [699 NYS2d 679]
—Judgment,
p. 80
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.
Cases cited
- People v. Moissett 76 NY2d 909 p. 80
- People v. Hidalgo 91 NY2d 733 p. 80
- People v. Seaberg 74 NY2d 1 at 9 p. 80