| People v Cruz |
| 2013 NY Slip Op 07194 [111 AD3d 651] |
| November 6, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Miguel Cruz, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Victor Barall of counsel; RobertHo on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Kings County (Cyrulnik, J.), imposed March 21, 2011, on the grounds that thesentence is both illegal and excessive.
Ordered that the sentence is affirmed.
Contrary to the defendant's contention, the Supreme Court did not illegally sentencehim as a second felony offender (see People v McEachern, 275 AD2d 330[2000]). Furthermore, the defendant's valid waiver of his right to appeal precludes reviewof his contention that the sentence imposed was excessive (see People v Bradshaw, 18NY3d 257, 264-267 [2011]; People v Lopez, 6 NY3d 248, 255 [2006]). Eng, P.J.,Mastro, Hall and Roman, JJ., concur.