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People v. Villa

Supreme Court of New York, Second Department

September 11, 2013

The People of the State of New York, respondent,
v.
Rene Villa, appellant. Ind. No. 2262/09

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.

RANDALL T. ENG, P.J., REINALDO E. RIVERA, L. PRISCILLA HALL, PLUMMER E. LOTT, JJ.

DECISION & ORDER

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 N.Y.2d 273, 281-282; People v Huggins, 105 A.D.3d 760, 761, lv denied ___ N.Y.3d __, 2013 NY Slip Op 97944[U][2013]; People v Haynes, 70 A.D.3d 718, 718-719).

ENG, P.J., RIVERA, HALL and LOTT, JJ., concur.


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