Opinion
07-12-2017
The PEOPLE, etc., respondent, v. Dane SIMPSON, appellant.
Clinton W. Calhoun III, White Plains, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Arthur Bernardon and Raffaelina Gianfrancesco of counsel), for respondent.
Clinton W. Calhoun III, White Plains, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Arthur Bernardon and Raffaelina Gianfrancesco of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Adler, J.), rendered July 3, 2013, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant validly waived his right to appeal (see People v. Farmer, 123 A.D.3d 735, 995 N.Y.S.2d 918 ). His challenge to the factual sufficiency of the plea allocution is precluded by the valid waiver of his right to appeal (see People v. Smith, 146 A.D.3d 904, 44 N.Y.S.3d 771 ; People v. Duchatellier, 138 A.D.3d 887, 28 N.Y.S.3d 332 ; People v. Dame, 100 A.D.3d 1032, 952 N.Y.S.2d 684 ).
The defendant's valid waiver of his right to appeal does not preclude our review of the defendant's challenge to the legality of his sentence as a second violent felony offender (see People v. Seaberg, 74 N.Y.2d 1, 9, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Helmus, 125 A.D.3d 884, 4 N.Y.S.3d 116 ). However, the contention is unpreserved for appellate review (see People v. Ehrenberg, 236 A.D.2d 420, 653 N.Y.S.2d 137 ; cf. People v. Samms, 95 N.Y.2d 52, 710 N.Y.S.2d 310, 731 N.E.2d 1118 ) and, in any event, without merit (see Penal Law § 70.04[1][b][v] ; People v. Meckwood, 20 N.Y.3d 69, 73, 956 N.Y.S.2d 453, 980 N.E.2d 501 ).
BALKIN, J.P., ROMAN, HINDS–RADIX and LaSALLE, JJ., concur.