People v Grzymalski

2014 NY Slip Op 02310 [116 AD3d 712]

April 2, 2014

Appellate Division, Second Department

As corrected through Wednesday, May 28, 2014

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

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

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel),for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County(Efman, J.), rendered July 16, 2012, convicting him of conspiracy in the fourth 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 second felony offender (see People v Bradshaw, 18NY3d 257, 264-267 [2011]; People v Callahan, 80 NY2d 273, 281 [1992];People v Villa, 109 AD3d845 [2013]). Balkin, J.P., Lott, Roman and Miller, JJ., concur.