People v Chavez

2010 NY Slip Op 01973 [71 AD3d 781]

March 9, 2010

Appellate Division, Second Department

As corrected through Wednesday, April 28, 2010

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

—[*1]Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Efman, J.),rendered September 11, 2008, convicting him of reckless endangerment in the first degree, uponhis plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's valid waiver of his right to appeal precludes review of his challenge to thefactual adequacy of his plea allocution (see People v Rufa, 57 AD3d 697 [2008]; People v Nash, 38 AD3d 684[2007]). Dillon, J.P., Miller, Balkin, Leventhal and Austin, JJ., concur.