| People v Gray |
| 2008 NY Slip Op 04723 [51 AD3d 945] |
| May 20, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Raymond Gray, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo, J.),rendered January 18, 2007, convicting him of criminal possession of a controlled substance in thethird degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the sentencing court failed to exercise its discretionary powerswhen imposing sentence, and thereby imposed the sentence illegally. This contention is withoutmerit (see People v Farrar, 52 NY2d 302, 308 [1981]). The sentencing court ultimatelyexercised its discretion in sentencing the defendant, even though the sentence imposed waspursuant to a plea agreement (see People v Daniel D., 123 AD2d 782 [1986]).
The defendant's "valid and unrestricted written waiver of the right to appeal, as part of hisplea agreement, precludes appellate review of his claim that the sentence imposed was excessive"(People v Morrow, 48 AD3d704, 705 [2008]; People v Lopez,6 NY3d 248, 255 [2006]; seealso People v Cumba, 32 AD3d 444, 445 [2006]). Mastro, J.P., Rivera, Angiolillo andMcCarthy, JJ., concur.