People v Grzymalski

People v Grzymalski 2014 NY Slip Op 02310 Decided on April 2, 2014 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 April 2, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RUTH C. BALKIN, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
2012-07776
(Ind. No. 3152-10)

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

v

Jason Grzymalski, appellant.




Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel),
for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R.
Kucera of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Efman, J.), rendered July 16, 2012, convicting him of conspiracy in the fourth 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 second felony offender (see People v Bradshaw, 18 NY3d 257, 264-267; People v Callahan, 80 NY2d 273, 281; People v Villa, 109 AD3d 845).
BALKIN, J.P., LOTT, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court