| People v Mallahan |
| 2014 NY Slip Op 05449 [119 AD3d 875] |
| July 23, 2014 |
| Appellate Division, Second Department |
[*1]
| 1 The People of the State of New York,Respondent, v Daniel M. Mallahan, Appellant. |
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County(Condon, J.), rendered March 23, 2011, convicting him of criminal mischief in thesecond degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
At the plea allocution, the County Court sufficiently advised the defendant of thenature of the right to appeal, and the record establishes that the defendant knowingly,voluntarily, and intelligently waived that right (see People v Lopez, 6 NY3d 248, 255 [2006]; People v Eccleston, 113 AD3d699 [2014]). The defendant's valid waiver of his right to appeal precludes review ofhis claims that the procedure used to adjudicate him a second felony offender wasdefective (see People vEccleston, 113 AD3d 699 [2014]; People v Huggins, 105 AD3d 760, 761 [2013]; People v Lassiter, 48 AD3d700 [2008]; see also People v Callahan, 80 NY2d 273 [1992]). Skelos, J.P.,Leventhal, Cohen, LaSalle and Barros, JJ., concur.