—[*1] Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Fried, Frank, Harris, Shriver & Jacobson LLP, New York (Philip A. Wellner of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Britta Gilmore of counsel), for respondent.

Judgment, Supreme Court, New York County (Charles H. Solomon, J., at suppression hearing; Brenda Soloff, J., at plea and sentence; A. Kirke Bartley, J., at resentence), rendered October 26, 2005, as amended October 25, 2007, convicting defendant, on his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 6½ years, unanimously affirmed.

The record establishes that defendant executed a valid waiver of his right to appeal, after consultation with counsel (see People v Moissett, 76 NY2d 909 [1990]). As an alternative holding, we also find that the court properly denied defendant's suppression motion. Concur—Mazzarelli, J.P., Andrias, Williams and Renwick, JJ.