It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: On appeal from a judgment convicting her of criminal possession of a controlled substance in the second degree (Penal Law § 220.18), defendant contends that the sentence of incarceration of 3½ years to life constitutes cruel and unusual punishment. We conclude that the contention of defendant does not survive her valid waiver of the right to appeal ( see People v. Hidalgo, 283 AD2d 154, lv denied 96 NY2d 902; People v. Brathwaite, 263 AD2d 89, 92) and, in any event, that contention is not preserved for our review ( see People v. Ingram, 67 NY2d 897, 899; People v. Cato, 291 AD2d 905, lv denied 98 NY2d 649).