| People v Vega |
| 2008 NY Slip Op 04380 [51 AD3d 694] |
| May 6, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Rafael Vega, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel ofcounsel; Sabrina Thanse on the brief), for respondent.
Appeals by the defendant from two judgments of the Supreme Court, Kings County(Brennan, J.), both rendered October 23, 2006, convicting him of burglary in the second degreeand petit larceny, upon his pleas of guilty, under Kings County indictment Nos. 7244/00 and7853/01, and imposing sentences.
Ordered that the judgments are affirmed.
Contrary to the defendant's contention, the sentencing minutes reveal that the court exerciseddiscretion at sentencing (cf. People v Farrar, 52 NY2d 302, 306 [1981]; People vTomlinson, 162 AD2d 563 [1990]). Furthermore, the sentence imposed under indictmentNo. 7853/01 was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant's valid waiver of his right to appeal from the judgment rendered underindictment No. 7244/00 forecloses review of his claim that the sentence imposed under thatindictment was excessive (see People vNolcox, 40 AD3d 1128 [2007]; People v Oquendo, 38 AD3d 686 [2007]). Fisher, J.P., Florio,Angiolillo, Dickerson and Belen, JJ., concur.