People v. Cruz

Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Victor Barall of counsel; Robert Ho on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Cyrulnik, J.), imposed March 21, 2011, on the grounds that the sentence is both illegal and excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the Supreme Court did not illegally sentence him as a second felony offender ( see People v. McEachern, 275 A.D.2d 330, 712 N.Y.S.2d 51). Furthermore, the defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive ( see People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645;People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145).

ENG, P.J., MASTRO, HALL and ROMAN, JJ., concur.