| People v Rodriguez |
| 2011 NY Slip Op 01676 [82 AD3d 794] |
| March 1, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Carlos Rodriguez, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary S. Fidel of counsel; WilliamMoccia on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.),rendered January 14, 2009, convicting him of attempted burglary in the second degree, upon hisplea of guilty, and imposing sentence. Justice Chambers has been substituted for the late JusticeFisher (see 22 NYCRR 670.1 [c]).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, he knowingly, voluntarily, and intelligently waivedhis right to appeal (see People vRamos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 257 [2006]). As a result, thedefendant's challenge to the persistent violent felony offender statute (see Penal Law§§ 70.04, 70.08) is foreclosed from appellate review (see People v Haynes, 70 AD3d718, 719 [2010]; People vLassiter, 48 AD3d 700 [2008]). The defendant's valid waiver of his right to appeal alsobars his challenge to his sentence as constituting cruel and unusual punishment (see People v Vega, 24 AD3d 1260[2005]; People v Santilli, 16 AD3d1056, 1057 [2005]; People v Hidalgo, 283 AD2d 154 [2001]; People vBrathwaite, 263 AD2d 89, 92 [2000]). Florio, J.P., Leventhal, Chambers and Hall, JJ.,concur.