People v Villa

2013 NY Slip Op 05845 [109 AD3d 845]

September 11, 2013

Appellate Division, Second Department

As corrected through Wednesday, October 30, 2013

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

—[*1]Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), forappellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, EllenC. Abbot, and Andrea Alvarez-Calderon of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County(Holder, J.), rendered June 28, 2010, convicting him of burglary in the second degree,upon his 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 challengeto the adequacy of the procedure used to adjudicate him a persistent violent felonyoffender (see People v Callahan, 80 NY2d 273, 281-282 [1992]; People v Huggins, 105 AD3d760, 761 [2013], lv denied 21 NY3d 1005 [2013]; People v Haynes, 70 AD3d718, 718-719 [2010]). Eng, P.J., Rivera, Hall and Lott, JJ., concur.