Opinion
October 18, 2001.
Judgment, Supreme Court, Bronx County (Vincent Quattrochi, J. at plea; John Collins, J. at sentence), rendered August 17, 2000, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.
Zaharah R. Markoe, for respondent.
Robert S. Dean, for defendant-appellant.
Before: Wallach, J.P., Rubin, Buckley, Friedman, Marlow, 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 appellate review of defendant's claim that prior to imposing sentence, the court should have granted him a further opportunity to complete a drug program. In any event, the claim is without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.