People v Alvarez
2008 NY Slip Op 09810 [57 AD3d 688]
December 9, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


mThe People of the State of New York, Respondent,
v
Carlos Alvarez, Appellant.

[*1] Mark Diamond, New York, N.Y. , for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas Noll of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Calabrese, J.), rendered January 26, 2007, convicting him of assault in the second degree, upon a jury verdict, and attempted murder in the second degree and assault in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the record demonstrates that his written and oral waivers of his right to appeal were intelligently, knowingly, and voluntarily made (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Luster, 45 AD3d 866, 867 [2007]; People v Silent, 37 AD3d 625, 625 [2007]). Consequently, the defendant's valid waiver of his right to appeal forecloses appellate review of his challenges to the procedures employed by the sentencing court in its determination regarding restitution (see People v Callahan, 80 NY2d 273, 280-281 [1992]; People v Chatmon, 46 AD3d 833, 833-834 [2007]; People v Caba, 238 AD2d 603 [1997]).

The defendant's remaining contention is without merit. Mastro, J.P., Florio, Eng and Chambers, JJ., concur.