Opinion
January 27, 2000
Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered September 26, 1997, convicting defendant, upon his plea of guilty, of attempted murder in the second degree and assault in the first degree, and sentencing him, as a second violent felony offender, to concurrent terms of 12 years, unanimously affirmed.
Argiro Kosmetatos, for respondent.
Jojo Annobil, for defendant-appellant.
NARDELLI, J.P., ELLERIN, SAXE, BUCKLEY, JJ.
The record, read as a whole, establishes a valid, comprehensive waiver of the right to appeal, which forecloses review of defendant's excessive sentence claim (People v. Seaberg, 74 N.Y.2d 1, 9-10). In any event, we perceive no abuse of sentencing discretion in this vicious crime committed while defendant was on parole for another violent crime.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.