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PEOPLE v. McINTYRE

2020-09008. Ind. No. 1733/18.

208 A.D.3d 1365 (2022)

174 N.Y.S.3d 594

2022 NY Slip Op 05334

The People of the State of New York, Respondent, v. Ulysses L. McIntyre, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 28, 2022.

Attorney(s) appearing for the Case

Del Atwell, East Hampton, NY, for appellant.

Raymond A. Tierney, District Attorney, Riverhead, NY (Marion Tang of counsel), for respondent.

Dillon, J.P., Connolly, Christopher and Warhit, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's waiver of his right to appeal, the validity of which he does not challenge, precludes appellate review of his contention that the procedure used to adjudicate him a predicate felony offender was defective (see People v Leon, 200 A.D.3d 717 [2021]; People v Meyers, 172 A.D.3d 1236, 1237 [2019]; People v Thomas, 148 A.D.3d 734

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