The People, etc., respondent, v. Carlos Rodriguez, appellant. (2011)

Submitted-November 1, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered January 14, 2009, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.   Justice Chambers has been substituted for the late Justice Fisher (see 22 NYCRR 270.1[c] ).

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Ramos, 7 NY3d 737, 738;  People v. Lopez, 6 NY3d 248, 257).   As a result, the defendant's challenge to the persistent violent felony offender statute (see Penal Law §§ 70.04, 70.08) is foreclosed from appellate review (see People v. Haynes, 70 AD3d 718, 719;  People v. Lassiter, 48 AD3d 700).   The defendant's valid waiver of his right to appeal also bars his challenge to his sentence as constituting cruel and unusual punishment (see People v. Vega, 24 AD3d 1260;  People v. Santilli, 16 AD3d 1056, 1057;  People v. Hidalgo, 283 A.D.2d 154;  People v. Brathwaite, 263 A.D.2d 89, 92).

FLORIO, J.P., LEVENTHAL, CHAMBERS and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court