Opinion
1746
October 7, 2003.
Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered April 2, 2002, convicting defendant, upon his plea of guilty, of criminal contempt in the first degree, and sentencing him to a term of 1 to 3 years, unanimously affirmed.
Hae Jin Liu, for respondent.
Eve Kessler, for defendant-appellant.
Before: Saxe, J.P., Sullivan, Williams, Lerner, Friedman, JJ.
Defendant knowingly and intelligently waived his right to appeal, and this waiver encompassed his excessive sentence claim (see 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.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.