People v Villa

People v Villa 2013 NY Slip Op 05845 Decided on September 11, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 11, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
2010-07774
(Ind. No. 2262/09)

[*1]The People of the State of New York, respondent,

v

Rene Villa, appellant.




Lynn W. L. Fahey, New York, N.Y. (Paul Skip Laisure of
counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y.
(John M. Castellano, Ellen C.
Abbot, and Andrea Alvarez-Calderon of
counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.), rendered June 28, 2010, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal precludes review of his challenge to the adequacy of the procedure used to adjudicate him a persistent violent felony offender (see People v Callahan, 80 NY2d 273, 281-282; People v Huggins, 105 AD3d 760, 761, lv denied _____NY3d_____, 2013 NY Slip Op 97944[U][2013] ; People v Haynes, 70 AD3d 718, 718-719).
ENG, P.J., RIVERA, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court