Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered August 21, 2012. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree.
Timothy J. Brennan, Auburn, for Defendant–Appellant. Eric T. Schneiderman, Attorney General, Albany (Nikki Kowalski of Counsel), for Respondent.
MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the second degree (Penal Law § 220.41[1] ). The record establishes that defendant knowingly, voluntarily and intelligently waived the right to appeal ( see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145), and that valid waiver forecloses any challenge by defendant to the severity of the sentence ( see id. at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145;see generally People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416;People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. SCUDDER, P.J., SMITH, CARNI, LINDLEY, and SCONIERS, JJ., concur.