| People v Olivier |
| 2015 NY Slip Op 08978 [134 AD3d 479] |
| December 8, 2015 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Ariel Olivier, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern ofcounsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Susan Gliner of counsel), forrespondent.
Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered April 30,2013, convicting defendant, upon his plea of guilty, of conspiracy in the fourth degreeand criminal possession of a controlled substance in the third degree, and sentencing him,as a second felony drug offender previously convicted of a violent felony, to anaggregate term of eight years, unanimously affirmed.
The court properly adjudicated defendant a second felony drug offender whose priorfelony conviction was a violent felony. Defendant's conviction of criminal possession ofa weapon in the third degree pursuant to former Penal Law § 265.02 (4)qualifies as a violent felony (seee.g. People v McGhee, 125 AD3d 537 [1st Dept 2015], lv granted 26NY3d 968 [2015]; People vThomas, 122 AD3d 489 [1st Dept 2014], lv denied 24 NY3d 1123[2015]), and we decline to revisit our prior holdings on this issue.
Defendant made a valid waiver of his right to appeal (see People v Lopez, 6 NY3d248, 256-257 [2006]), which forecloses review of his excessive sentence claim.Regardless of whether defendant validly waived his right to appeal, we perceive no basisfor reducing the sentence. Concur—Tom, J.P., Friedman, Saxe and Gische,JJ.