People v. NolcoxPeople v. Nolcox
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The defendant‘s valid waiver of his right to appeal forecloses review of his claim that the sentence imposed is excessive (see People v Oquendo, 38 AD3d 686 [2007]). The defendant‘s contention, however, that the court failed to exercise its discretion at sentencing (cf. People v Farrar, 52 NY2d 302, 306 [1981]; People v Tomlinson, 162 AD2d 563 [1990]) survives the defendant‘s waiver of his right to appeal (see People v Halston, 37 AD3d 1144 [2007]; People v Schafer, 19 AD3d 1133 [2005]). Nevertheless, the defendant‘s contention is without merit (cf. People v Farrar, supra; People v Tomlinson, supra; People v Terry, 152 AD2d 822 [1989]; People v Dorino, 145 AD2d 432, 433 [1988]).
Crane, J.P., Ritter, Lifson and Balkin, JJ., concur.