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PEOPLE v. VEGA

Appellate Division of the Supreme Court of New York, Second Department.
May 6, 2008
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Ordered that the judgments are affirmed.

Contrary to the defendant's contention, the sentencing minutes reveal that the court exercised discretion at sentencing ( cf. People v Farrar, 52 NY2d 302, 306; People v Tomlinson, 162 AD2d 563). Furthermore, the sentence imposed under indictment No. 7853/01 was not excessive ( see People v Suitte, 90 AD2d 80).

The defendant's valid waiver of his right to appeal from the judgment rendered under indictment No. 7244/00 forecloses review of his claim that the sentence imposed under that indictment was excessive ( see People v Nolcox, 40 AD3d 1128; People v Oquendo, 38 AD3d 686).