People v. LassiterPeople v. Lassiter
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The defendant‘s contention that his waiver of the right to appeal was not knowingly, voluntarily, or intelligently made is without merit (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Moissett, 76 NY2d 909, 911 [1990]). Further, the defendant‘s valid waiver of his right to appeal precludes review of his challenge to the sentence as excessive (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Callahan, 80 NY2d 273, 281 [1992]; People v Pertillar, 37 AD3d 740 [2007]). “The defendant‘s valid waiver encompasses the challenge to the legality of the procedure utilized in sentencing him as a second felony offender” (People v Backus, 43 AD3d 409, 410 [2007], citing People v Callahan, 80 NY2d 273 [1992]).
The defendant‘s remaining contention is unpreserved for appellate review (see