People v. Diaz

Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered June 11, 1999, convicting defendant, upon his plea of guilty, of conspiracy in the first degree and two counts of criminal sale of a controlled substance in the first degree, and sentencing him to concurrent terms of 18 years to life, unanimously affirmed.

Defendant waived his right to appeal the sentence which, in the present circumstances, is not illegal (People v Callahan, 80 NY2d 273 [1992]). Thus, the argument that the sentencing court failed to exercise the appropriate discretion is not open to review. In any event,…