Opinion
No. 38.
January 23, 2007.
Judgments, Supreme Court, New York County (Charles H. Solomon, J.), rendered January 13, 2005, convicting defendant, upon his pleas of guilty, of criminal possession of a controlled substance in the third degree and bail jumping in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 5 to 10 years and 1½ to 3 years, respectively, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Carol A. Zeldin of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Jessica Slutsky of counsel), for respondent.
Before: Andrias, J.P., Sullivan, Williams, Gonzalez and Malone, JJ.
Defendant made a valid written and oral waiver of his right to appeal ( see People v. Lopez, 6 NY3d 248). Were we to find that defendant did not make an enforceable waiver, we would nevertheless reject defendant's claims ( see People v Callahan, 80 NY2d 273, 285). We perceive no basis for reducing the sentence, and defendant's arguments for a reduced penalty under the Drug Law Reform Act (L 2004, ch 738) are without merit ( People v. Utsey, 7 NY3d 398).