Opinion
06-01-2016
The PEOPLE, etc., respondent, v. Robert ROHS, appellant.
Mark Diamond, New York, NY, for appellant. James A. McCarty, Acting District Attorney, White Plains, NY (Jennifer Spencer and Laurie Sapakoff of counsel), for respondent.
Mark Diamond, New York, NY, for appellant.
James A. McCarty, Acting District Attorney, White Plains, NY (Jennifer Spencer and Laurie 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 second degree, 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, 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the adequacy of the procedure used to adjudicate him a second violent felony offender (see People v. Bennett, 122 A.D.3d 871, 872, 996 N.Y.S.2d 369 ; People v. Villa, 109 A.D.3d 845, 971 N.Y.S.2d 442 ; People v. Kosse, 94 A.D.3d 908, 941 N.Y.S.2d 847 ; People v. Haynes, 70 A.D.3d 718, 718–719, 893 N.Y.S.2d 284 ; People v. Lassiter, 48 A.D.3d 700, 852 N.Y.S.2d 311 ; see also People v. Callahan, 80 N.Y.2d 273, 281, 590 N.Y.S.2d 46, 604 N.E.2d 108 ). In addition, the defendant's valid waiver of his right to appeal bars review of his challenge to the procedures used by the County Court in its determination regarding restitution (see People v. Burton, 69 A.D.3d 644, 891 N.Y.S.2d 292 ; People v. Ordover, 67 A.D.3d 824, 887 N.Y.S.2d 858 ; People v. Gilmour, 61 A.D.3d 1122, 1124, 876 N.Y.S.2d 553 ; see also People v. Callahan, 80 N.Y.2d at 281, 590 N.Y.S.2d 46, 604 N.E.2d 108 ).
BALKIN, J.P., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.