PEOPLE v. SERVA (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Joanne D. Quinones, J.), rendered August 1, 2023, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Under the totality of the circumstances, the record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145;  People v. Hendricks, 224 A.D.3d 705, 706, 204 N.Y.S.3d 570).  The defendant's valid waiver of his right to appeal precludes appellate review of his contention that his adjudication as a second felony offender violated the principles announced in (Erlinger v. United States, 602 U.S. 821, 144 S.Ct. 1840, 219 L.Ed.2d 451) (see People v. Haynes, 70 A.D.3d 718, 718–719, 893 N.Y.S.2d 284;  see also People v. Lassiter, 48 A.D.3d 700, 852 N.Y.S.2d 311;  People v. Backus, 43 A.D.3d 409, 410, 839 N.Y.S.2d 920).

CONNOLLY, J.P., BRATHWAITE NELSON, HOM and GOLDBERG VELAZQUEZ, JJ., concur.