People v. Antigua

Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered September 25, 2002, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of JVa to 9 years, unanimously affirmed.

Defendant’s valid waiver of his right to appeal forecloses his claim that the court failed to exercise any discretion in sentencing (see People v Callahan, 80 NY2d 273 [1992]; People v Diaz, 304 AD2d 468 [2003], lv denied 100 NY2d 561 [2003]). Were we *273to conclude otherwise, we would find defendant’s claim to be unpreserved…