Opinion
4206
October 5, 2004.
Judgment, Supreme Court, Bronx County (Vincent Quattrochi, J., at plea; John Collins, J., at sentence), rendered April 1, 2003, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.
Before: Buckley, P.J., Mazzarelli, Saxe, Ellerin and Gonzalez, JJ.
Defendant made a valid waiver of his right to appeal ( see People v. Moissett, 76 NY2d 909). That waiver forecloses review of his present claim that, even after he concededly violated his plea agreement by absconding from a drug program, the court should have exercised its discretion to give him another chance to complete drug treatment ( see People v. Hidalgo, 91 NY2d 733. In any event, were we to find otherwise, we would find that the court properly exercised its discretion.