Opinion
3449.
Decided April 22, 2004.
Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered February 26, 2002, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 6 years to life, unanimously affirmed.
Laura R. Johnson, The Legal Aid Society, New York (Eve Kessler of counsel), for appellant.
Reinaldo Crespo, appellant pro se.
Robert T. Johnson, District Attorney, Bronx (Peter A. Sell of counsel), for respondent.
Before: Tom, J.P., Saxe, Ellerin, Lerner, JJ.
Defendant knowingly and intelligently waived his right to appeal, and this waiver encompassed his excessive sentence claim ( People v. Hidalgo, 91 N.Y.2d 733). Therefore, defendant "elect[ed] to foreclose review of [his] negotiated sentence" ( People v. Seaberg, 74 N.Y.2d 1, 10). In any event, were we to find that defendant did not validly waive his right to appeal, we would perceive no basis for reducing the sentence, and we would reject the related arguments contained in defendant's pro se supplemental brief.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.