People v Chavez
2010 NY Slip Op 01973 [71 AD3d 781]
March 9, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


The People of the State of New York, Respondent,
v
Jose Chavez, Appellant.

—[*1] Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Efman, J.), rendered September 11, 2008, convicting him of reckless endangerment in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's valid waiver of his right to appeal precludes review of his challenge to the factual adequacy of his plea allocution (see People v Rufa, 57 AD3d 697 [2008]; People v Nash, 38 AD3d 684 [2007]). Dillon, J.P., Miller, Balkin, Leventhal and Austin, JJ., concur.