Opinion
October 11, 1994
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the sentence is affirmed.
The defendant knowingly and voluntarily waived his right to appeal both his plea and his sentence as an integral part of an extremely advantageous plea agreement. Accordingly, the sentence is affirmed (see, People v. Allen, 82 N.Y.2d 761; People v Callahan, 80 N.Y.2d 273; People v. Moissett, 76 N.Y.2d 909; People v. Seaberg, 74 N.Y.2d 1).
In any event, there is no merit to the defendant's contention that his sentence is cruel and unusual because he was in poor health at the time of the plea agreement (see, People v Thompson, 83 N.Y.2d 477) and because he had entered into a stipulation of settlement that he considered disadvantageous in a Federal civil forfeiture proceeding. We note that the County Court gave the defendant the opportunity to withdraw his guilty plea before imposing sentence, but the defendant rejected the offer. Moreover, the sentence that was imposed is the one for which the defendant had bargained (see, People v. Kazepis, 101 A.D.2d 816). The defendant does not contend that he has been denied adequate medical care in prison or that "prison officials have been deliberately indifferent to his medical needs" (People ex rel. Kalikow v. Scully, 198 A.D.2d 250). Mangano, P.J., Bracken, Lawrence, Altman and Friedmann, JJ., concur.