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Steven Banks, The Legal Aid Society, New York (Jeffrey Dellheim of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Andrew E. Seewald of counsel), for respondent.

Judgment, Supreme Court, New York County (Laura A. Ward, J., at suppression hearing; Bonnie G. Wittner, J., at plea and sentencing), rendered May 13, 2008, convicting defendant of criminal possession of a controlled substance in the second degree, and sentencing him to a term of six years, unanimously affirmed.

Regardless of whether defendant made a valid waiver of his right to appeal, we find that the record supports the hearing court's denial of defendant's suppression motion. Concur—Sweeny, J.P., Moskowitz, Abdus-Salaam, Román and Feinman, JJ.