| People v Alvarez |
| 2008 NY Slip Op 09810 [57 AD3d 688] |
| December 9, 2008 |
| Appellate Division, Second Department |
| mThe People of the State of New York, Respondent, v CarlosAlvarez, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas Noll of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Calabrese, J.),rendered January 26, 2007, convicting him of assault in the second degree, upon a jury verdict, andattempted murder in the second degree and assault in the first degree, upon his plea of guilty, andimposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, the record demonstrates that his written and oral waiversof his right to appeal were intelligently, knowingly, and voluntarily made (see People v Ramos, 7 NY3d 737,738 [2006]; People v Luster, 45 AD3d866, 867 [2007]; People v Silent,37 AD3d 625, 625 [2007]). Consequently, the defendant's valid waiver of his right to appealforecloses appellate review of his challenges to the procedures employed by the sentencing court in itsdetermination regarding restitution (see People v Callahan, 80 NY2d 273, 280-281 [1992]; People v Chatmon, 46 AD3d 833,833-834 [2007]; People v Caba, 238 AD2d 603 [1997]).
The defendant's remaining contention is without merit. Mastro, J.P., Florio, Eng and Chambers, JJ.,concur.