Opinion
October 21, 1999
Kimberly T. Morgan for Respondent.
Daniel Hsiung for Defendant-Appellant.
SULLIVAN, J.P., NARDELLI, WILLIAMS, RUBIN, ANDRIAS, JJ.
Judgment, Supreme Court, Bronx County (Daniel FitzGerald, J., on motion Richard Price J., at plea and sentence), rendered December 24, 1996, convicting defendant of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 4+ to 9 years, unanimously affirmed.
Defendant's valid waiver of his right to appeal (see, People v. Moissett, 76 N.Y.2d 909; People v. Seaberg, 74 N.Y.2d 1) forecloses appellate review of his present claims, none of which raise any questions about the voluntariness of his plea. In any event, we would find the issues raised by defendant to be without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.