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PEOPLE v. ANTIGUA

5 A.D.3d 272 (2004)

773 N.Y.S.2d 301

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ANTIGUA, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 23, 2004.

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 N.Y.2d 273 [1992]; People v Diaz, 304 A.D.2d 468 [2003], lv denied 100 N.Y.2d 561 [2003]). Were we to conclude otherwise, we would find defendant's claim to be unpreserved and unavailing...

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