Opinion
2019–05873 Ind. No. 18–00202
12-01-2021
The PEOPLE, etc., respondent, v. Christopher LEON, appellant.
Mark Diamond, New York, NY, for appellant. Miriam E. Rocah, District Attorney, White Plains, NY (William C. Milaccio and Jill Oziemblewski of counsel), for respondent.
Mark Diamond, New York, NY, for appellant.
Miriam E. Rocah, District Attorney, White Plains, NY (William C. Milaccio and Jill Oziemblewski of counsel), for respondent.
HECTOR D. LASALLE, P.J., CHERYL E. CHAMBERS, ROBERT J. MILLER, COLLEEN D. DUFFY, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered April 5, 2019, convicting him of burglary in the second degree (five counts), upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's waiver of the right to appeal—the validity of which is not challenged—precludes appellate review of his contention that the procedure used to adjudicate him a second felony offender was defective, inasmuch as this challenge goes to the Supreme Court's compliance with procedures to determine the defendant's predicate felony status, rather than the legality of the sentence itself (see People v. Meyers, 172 A.D.3d 1236, 1237, 98 N.Y.S.3d 879 ; People v. Thomas, 148 A.D.3d 734, 734, 47 N.Y.S.3d 715 ).
The defendant's contention that his adjudication as a second felony offender was illegal is not precluded by the appeal waiver (see People v. Joseph, 167 A.D.3d 776, 777, 89 N.Y.S.3d 278 ). However, this contention is without merit (see Penal Law § 70.06 ).
The defendant's remaining contention is without merit.
LASALLE, P.J., CHAMBERS, MILLER, DUFFY and WOOTEN, JJ., concur.