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PEOPLE v. THOMPSON

39 A.D.3d 572 (2007)

831 N.Y.S.2d 720

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD THOMPSON, Appellant.

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

Decided April 3, 2007.

Ordered that the sentence is affirmed.

Contrary to the defendant's contention on appeal that his sentence was illegal because he was erroneously sentenced as a predicate felon, the record conclusively demonstrates that he was not sentenced as a predicate felon.

The defendant, by waiving his right to appeal, waived any right to challenge the excessiveness of his sentence (see People v Hidalgo,

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