Opinion
1682
October 1, 2002.
Judgment, Supreme Court, Bronx County (Michael Sonberg, J. at plea; John Collins, J. at sentence), rendered March 2, 2000, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed.
T. CHARLES WON, for respondent.
STEVEN R. BERKO, for defendant-appellant.
Before: Williams, P.J., Mazzarelli, Sullivan, Rosenberger, Gonzalez, JJ.
Defendant's valid waiver of his right to appeal (see People v. Moissett, 76 N.Y.2d 909) forecloses appellate review of his claim that prior to imposing sentence the court should have conducted an inquiry into the reasons for his admitted relapse into drug use and his failure to complete a drug program, the successful completion of which would have made him eligible for a more favorable disposition (see People v. Turner, 287 A.D.2d 351, lv denied 97 N.Y.2d 734). In any event, reaching the merits, defendant's claim is unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.