Opinion
May 1, 2001.
Judgment, Supreme Court, Bronx County (Peggy Bernheim, J.), rendered June 8, 1999, 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 3 years to life, unanimously affirmed.
Carly Stapleton, for Respondent.
Lauriano Guzman, for Defendant-Appellant.
Before: Sullivan, P.J., Mazzarelli, Ellerin, Lerner, Buckley, JJ.
The record establishes a valid waiver of defendant's right to appeal (see, People v. Moissett, 76 N.Y.2d 909). This waiver forecloses defendant's present claim that imposition of the mandatory minimum sentence violated the constitutional prohibition against cruel and unusual punishment (People v. Braithwaite, 263 A.D.2d 89, 92-93; People v. La Mountain, 249 A.D.2d 584, 587, lv denied 92 N.Y.2d 855; see also,People v. Lococo, 92 N.Y.2d 825). In any event, such a claim requires preservation (see, People v. Ingram, 67 N.Y.2d 897, 899), and we decline to review this unpreserved claim in the interest of justice. Were we to review this claim, we would find that the sentence was not unconstitutional as applied to defendant (see, People v. Thompson, 83 N.Y.2d 477).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.