| People v Ibrahim |
| 2008 NY Slip Op 00834 [48 AD3d 1095] |
| February 1, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v BajhatIbrahim, Appellant. |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White of counsel), forrespondent.
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), renderedNovember 9, 2004. The judgment convicted defendant, upon his plea of guilty, of criminalpossession of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofcriminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]).Contrary to the contention of defendant, the facts and circumstances surrounding his waiver ofthe right to appeal establish that it was voluntary, knowing and intelligent (see People vSeaberg, 74 NY2d 1, 11 [1989]; People v Jeter, 15 AD3d 885 [2005], lv denied 4 NY3d 887[2005]). The valid waiver by defendant of his right to appeal encompasses his further contentionconcerning the severity of the sentence (see People v Hidalgo, 91 NY2d 733, 737[1998]). Although the contention of defendant that County Court erred in imposing an enhancedsentence based upon his postplea arrest survives his waiver of the right to appeal (see People v Williams, 35 AD3d1198, 1199 [2006], lv denied 8 NY3d 928 [2007]), we conclude that defendant'scontention lacks merit. Here, the record establishes that the court did not impose an enhancedsentence but in fact imposed the agreed-upon sentence. Present—Hurlbutt, J.P., Smith,Fahey, Peradotto and Pine, JJ.