The People of the State of New York, Respondent, v. Ariel Olivier, Appellant

The People of the State of New York, Respondent, v Ariel Olivier, Appellant. [21 NYS3d 69] [MAJORITY] Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered April 30, 2013, convicting defendant, upon his plea of guilty, of conspiracy in the fourth degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to an aggregate term of eight years, unanimously affirmed. The court properly adjudicated defendant a second felony drug offender whose prior felony conviction was a violent felony. Defendant’s conviction of criminal possession of a weapon in the third degree pursuant to former Penal Law § 265.02 (4) qualifies as a violent felony (see e.g. People v McGhee, 125 AD3d 537 [1st Dept 2015], lv granted 26 NY3d 968 [2015]; People v Thomas, 122 AD3d 489 [1st Dept 2014], lv denied 24 NY3d 1123 [2015]), and we decline to revisit our prior holdings on this issue. Defendant made a valid waiver of his right to appeal (see People v Lopez, 6 NY3d 248, 256-257 [2006]), which forecloses review of his excessive sentence claim. Regardless of whether defendant validly waived his right to appeal, we perceive no basis for reducing the sentence. Concur — Tom, J.P., Friedman, Saxe and Gische, JJ.