People v. Simpson

2017 NY Slip Op 5625, 152 A.D.3d 627, 55 N.Y.S.3d 662

Opinion

Appeal by the defendant from a judgment of the County Court, Westchester County (Adler, J.), rendered July 3, 2013, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant validly waived his right to appeal (see People v Farmer, 123 AD3d 735 [2014]). His challenge to the factual sufficiency of the plea allocution is precluded by the valid waiver of his right to appeal (see People v Smith, 146 AD3d 904 [2017]; People v Duchatellier, 138 AD3d 887 [2016]; People v Dame, 100 AD3d 1032 [2012]).

The defendant’s valid waiver of his right to appeal does not preclude our review of the defendant’s challenge to the legality of his sentence as a second violent felony offender (see People v Seaberg, 74 NY2d 1, 9 [1989]; People v Helmus, 125 AD3d 884 [2015]). However, the contention is unpreserved for appellate review (see People v Ehrenberg, 236 AD2d 420 [1997]; cf. People v Samms, 95 NY2d 52 [2000]) and, in any event, without merit (see Penal Law § 70.04 [1] [b] [v]; People v Meckwood, 20 NY3d 69, 73 [2012]).

Balkin, J.P., Roman, Hinds-Radix and LaSalle, JJ., concur.