While we agree with defendant that the issue of the legality of a sentence may not be waived as part of a plea bargain (People v Seaberg, 74 N.Y.2d 1, 9), we conclude that he was lawfully sentenced to consecutive terms for possession of drugs and conspiracy to possess the same drugs (People v. Martinez, 198 A.D.2d 197, lv denied 82 N.Y.2d 927). Although the possession can be viewed as closely related to the "overt acts", as alleged in the indictment, which are necessary to prove the conspiracy, the crimes of conspiracy and possession were not committed through a single act (Penal Law § 70.25; § 105.20; People v. McGee, 49 N.Y.2d 48, 57-58, cert denied sub nom. Quamina v. New York, 446 U.S. 942; see also, People v. Brown, 80 N.Y.2d 361, affg 174 A.D.2d 448).
Concur — Wallach, J.P., Kupferman, Ross, Asch and Rubin, JJ.