People v Grzymalski
2014 NY Slip Op 02310 [116 AD3d 712]
April 2, 2014
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 28, 2014


The People of the State of New York, Respondent,
v
Jason Grzymalski, Appellant.

—[*1] 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.

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 [2011] People v Callahan, 80 NY2d 273, 281 [1992] People v Villa, 109 AD3d 845 [2013]). Balkin, J.P., Lott, Roman and Miller, JJ., concur.