Ordered that the sentence is affirmed.
Contrary to the defendant's contention on appeal that his sentence was illegal because he was erroneously sentenced as a predicate felon, the record conclusively demonstrates that he was not sentenced as a predicate felon.
The defendant, by waiving his right to appeal, waived any right to challenge the excessiveness of his sentence ( see People v Hidalgo, 91 NY2d 733; People v Ackridge, 31 AD3d 654, lv denied 8 NY3d 843).
The Supreme Court sentenced the defendant to a determinate prison term of 12 years. Neither the sentencing minutes nor the court's order of commitment mentioned the imposition of any period of post-release supervision. Therefore, the sentence appealed from does not include any period of post-release supervision ( see Hill v United States ex rel. Wampler, 298 US 460; Earley v Murray, 451 F3d 71, reh denied 462 F3d 147; People v Smith, 37 AD3d 499; but see People v Sparber, 34 AD3d 265).