PEOPLE v. JENKINS

Defendant made a valid waiver of his right to appeal, which encompassed his excessive sentence claim and thus forecloses interest of justice review. In any event, were we to find that defendant did not make a valid waiver his right to appeal, we would perceive no basis for reducing the sentence.

As the People concede, since the crime was committed in 1996, before the effective date of the legislation (Penal Law § 70.45) providing for postrelease supervision, such supervision was incorrectly added to defendant's sentence. Since this issue involves the substantive illegality of the sentence, it survives defendant's waiver of his right to appeal.