People v. Vaillent

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered October 10, 2008, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as . a second felony drug offender whose prior felony conviction was a violent felony, to a term, of five years, unanimously affirmed.

Defendant made a valid waiver of the right to appeal that forecloses his excessive sentence claim. Although the court’s colloquy with defendant failed to make clear that the right to appeal is separate from the rights automatically…