Ordered that the sentence is affirmed.
The defendant's valid waiver of his right to appeal forecloses review of his claim that the sentence imposed is excessive ( see People v Oquendo, 38 AD3d 686). The defendant's contention, however, that the court failed to exercise its discretion at sentencing ( cf. People v Farrar, 52 NY2d 302, 306; People v Tomlinson, 162 AD2d 563) survives the defendant's waiver of his right to appeal ( see People v Halston, 37 AD3d 1144; People v Schafer, 19 AD3d 1133). Nevertheless, the defendant's contention is without merit ( cf. People v Farrar, supra; People v Tomlinson, supra; People v Terry, 152 AD2d 822; People v Dorino, 145 AD2d 432, 433).