People v Cruz
2013 NY Slip Op 07194 [111 AD3d 651]
November 6, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


The People of the State of New York, Respondent,
v
Miguel Cruz, Appellant.

[*1] 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 AD2d 330 [2000]). 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 NY3d 257, 264-267 [2011]; People v Lopez, 6 NY3d 248, 255 [2006]). Eng, P.J., Mastro, Hall and Roman, JJ., concur.