Opinion
2016–04694 Ind. No. 38/16
02-14-2018
The PEOPLE, etc., respondent, v. Philip G. SARNER, appellant.
Steven A. Feldman, Uniondale, NY, for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Yael V. Levy and Brian Witthuhn of counsel), for respondent.
Steven A. Feldman, Uniondale, NY, for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Yael V. Levy and Brian Witthuhn of counsel), for respondent.
SHERI S. ROMAN, J.P., JOSEPH J. MALTESE, HECTOR D. LASALLE, BETSY BARROS, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Christopher G. Quinn, J.), rendered February 4, 2016, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the record demonstrates that his waiver of the right to appeal was knowing, intelligent, and voluntary (see People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's valid waiver of the right to appeal precludes review of his claim that the Supreme Court abused its discretion in denying his request at sentencing to direct his enrollment in a comprehensive alcohol and substance abuse treatment program (see Penal Law § 60.04[6] ; People v. Nasworthy, 67 A.D.3d 1201, 1202, 888 N.Y.S.2d 438 ).
The defendant's remaining contention does not require reversal.
ROMAN, J.P., MALTESE, LASALLE and BARROS, JJ., concur.