PEOPLE OF N.Y. v. HOLIFIELD

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of two counts of criminal possession of a controlled substance in the third degree (Penal Law § 220.16) and one count of criminal sale of a controlled substance in the third degree (§ 220.39 [1]). Contrary to the contention of defendant, his waiver of the right to appeal was voluntary ( see People v. Lopez, 6 NY3d 248, 256), and it did not violate public policy ( see generally People v. Muniz, 91 NY2d 570, 573-574). Defendant's contention with respect to the severity of the sentence is encompassed by the waiver of the right to appeal ( see Lopez, 6 NY3d at 255-256). Although the further contention of defendant that his plea was not voluntarily entered survives the waiver of the right to appeal ( see People v. DeJesus, 248 AD2d 1023, lv denied 92 NY2d 878), the record establishes that defendant's contention lacks merit.