Opinion
2014-07-23
The PEOPLE, etc., respondent, v. Daniel M. MALLAHAN, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Condon, J.), rendered March 23, 2011, convicting him of criminal mischief in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
At the plea allocution, the County Court sufficiently advised the defendant of the nature of the right to appeal, and the record establishes that the defendant knowingly, voluntarily, and intelligently waived that right ( see People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Eccleston, 113 A.D.3d 699, 978 N.Y.S.2d 702). The defendant's valid waiver of his right to appeal precludes review of his claims that the procedure used to adjudicate him a second felony offender was defective ( see People v. Eccleston, 113 A.D.3d 699, 978 N.Y.S.2d 702;People v. Huggins, 105 A.D.3d 760, 761, 961 N.Y.S.2d 784;People v. Lassiter, 48 A.D.3d 700, 852 N.Y.S.2d 311;see also People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108). SKELOS, J.P., LEVENTHAL, COHEN, LaSALLE and BARROS, JJ., concur.