—[*1] Steven Banks, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Dana Poole of counsel), for respondent.

Judgment, Supreme Court, New York County (Ellen M. Coin, J.), rendered March 29, 2011, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of two years, unanimously affirmed.

Defendant's waiver of his right to appeal was knowing, intelligent and voluntary (see People v Hidalgo, 91 NY2d 733 [1998]). As an alternative holding (see People v Callahan, 80 NY2d 273, 285 [1992]), we reject defendant's claims on the merits. The record supports the court's imposition of an enhanced sentence based on defendant's failure to complete drug treatment (see People v Fiammegta, 14 NY3d 90 [2010]), and we perceive no basis for reducing the sentence. Concur—Tom, J.P., Sweeny, Acosta, DeGrasse and Richter, JJ.