SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
December 23, 2008
THE PEOPLE, ETC., RESPONDENT,
DERRICK HARDY, APPELLANT.
Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered September 12, 2007, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
STEVEN W. FISHER, J.P., JOSEPH COVELLO, RUTH C. BALKIN and ARIEL E. BELEN, JJ.
(Ind. No. 07-25)
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant's valid and unrestricted waiver of his right to appeal, executed as part of his plea agreement, precludes review of his claim that the sentence imposed was excessive (see People v Lopez, 6 NY3d 248, 255; People v Finn, 56 AD3d 490).
FISHER, J.P., COVELLO, BALKIN and BELEN, JJ., concur.
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