| People v Rohs |
| 2016 NY Slip Op 04244 [140 AD3d 800] |
| June 1, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Robert Rohs, Appellant. |
Mark Diamond, New York, NY, for appellant.
James A. McCarty, Acting District Attorney, White Plains, NY (Jennifer Spencer andLaurie Sapakoff of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Everett, J.), rendered September 23, 2014, convicting him of burglary in the seconddegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal(see People v Sanders, 25NY3d 337, 341-342 [2015]; People v Lopez, 6 NY3d 248, 256-257 [2006]). Thedefendant's valid waiver of his right to appeal precludes appellate review of his challengeto the adequacy of the procedure used to adjudicate him a second violent felony offender(see People v Bennett, 122AD3d 871, 872 [2014]; People v Villa, 109 AD3d 845 [2013]; People v Kosse, 94 AD3d908 [2012]; People vHaynes, 70 AD3d 718, 718-719 [2010]; People v Lassiter, 48 AD3d 700 [2008]; see also Peoplev Callahan, 80 NY2d 273, 281 [1992]). In addition, the defendant's valid waiver ofhis right to appeal bars review of his challenge to the procedures used by the CountyCourt in its determination regarding restitution (see People v Burton, 69 AD3d 644 [2010]; People v Ordover, 67 AD3d824 [2009]; People vGilmour, 61 AD3d 1122, 1124 [2009]; see also People v Callahan, 80NY2d at 281). Balkin, J.P., Leventhal, Austin and Duffy, JJ., concur.