People v Ovalles, 2018 NY Slip Op 03710 [161 AD3d 1107]

May 23, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Daniel Rodrigues Ovalles, Appellant.

Carol Kahn, New York, NY, for appellant.

William V. Grady, District Attorney, Poughkeepsie, NY (Bridget Rahilly Steller of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered January 6, 2017, convicting him of attempted criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s waiver of his right to appeal was valid ( see People v Sanders , 25 NY3d 337 , 341 [2015]; People v Lopez , 6 NY3d 248 , 254 [2006]; People v Joseph , 142 AD3d 627 , 627 [2016]). The record of the plea proceeding demonstrates that the County Court made clear to the defendant that an appeal waiver is separate and distinct from those rights automatically forfeited upon a plea of guilty ( see People v Brown , 122 AD3d 133 , 137 [2014]).

The defendant’s valid waiver of his right to appeal precludes appellate review of his claim that the sentence was excessive ( see People v Joseph , 142 AD3d at 628; People v Appling , 94 AD3d 1135 , 1136 [2012]) and that the procedure used to adjudicate him a second felony offender was defective ( see People v Thomas , 148 AD3d 734 , 734 [2017]; People v Hicks , 134 AD3d 854 , 854 [2015]; People v Kosse , 94 AD3d 908 , 908 [2012]).

The defendant’s remaining contention is unpreserved for appellate review, and, in any event, without merit. Roman, J.P., Sgroi, Connolly and Christopher, JJ., concur..