People v. Morrison

Judgment, Supreme Court, Bronx County (Efrain Alvarado, J., at plea; Seth Marvin, J., at sentence), rendered June 2, 2006, convicting defendant of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2k to 5 years, unanimously modified, on the law, to the extent of vacating the DNA databank fee, and otherwise affirmed.

At the first of two plea proceedings, defendant made a valid waiver of his right to appeal as part of the plea agreement (see People v Lopez, 6 NY3d 248, 255-256 [2006]). As defendant expressly acknowledged,…