People v Villa
2013 NY Slip Op 05845 [109 AD3d 845]
September 11, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 30, 2013


The People of the State of New York, Respondent,
v
Rene Villa, Appellant.

—[*1] 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.

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 [1992]; People v Huggins, 105 AD3d 760, 761 [2013], lv denied 21 NY3d 1005 [2013]; People v Haynes, 70 AD3d 718, 718-719 [2010]). Eng, P.J., Rivera, Hall and Lott, JJ., concur.