People v Hardy
2008 NY Slip Op 10183 [57 AD3d 920]
December 23, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


The People of the State of New York, Respondent,
v
Derrick Hardy, Appellant.

—[*1] James D. Licata, New City, N.Y. (Lois Cappelletti of counsel; Menachen Herssein on the brief), for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel; Coleen A. Fortes on the brief), for respondent.

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered September 12, 2007, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's valid and unrestricted waiver of his right to appeal, executed as part of his plea agreement, precludes review of his claim that the sentence imposed was excessive (see People v Lopez, 6 NY3d 248, 255 [2006]; People v Finn, 56 AD3d 490 [2008]). Fisher, J.P., Covello, Balkin and Belen, JJ., concur.