People v. RohsPeople v. Rohs
The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d 337, 341-342 [2015]; People v Lopez, 6 NY3d 248, 256-257 [2006]). The defendant‘s valid waiver of his right to appeal precludes appellate review of his challenge to the adequacy of the procedure used to adjudicate him a second violent felony offender (see People v Bennett, 122 AD3d 871, 872 [2014]; People v Villa, 109 AD3d 845 [2013]; People v Kosse, 94 AD3d 908 [2012]; People v Haynes, 70 AD3d 718, 718-719 [2010]; People v Lassiter, 48 AD3d 700 [2008]; see also People v Callahan, 80 NY2d 273, 281 [1992]). In addition, the defendant‘s valid waiver of his right to appeal bars review of his challenge to the procedures used by the County Court in its determination regarding restitution (see People v Burton, 69 AD3d 644 [2010]; People v Ordover, 67 AD3d 824 [2009]; People v Gilmour, 61 AD3d 1122, 1124 [2009]; see also People v Callahan, 80 NY2d at 281). Balkin, J.P., Leventhal, Austin and Duffy, JJ., concur.