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PEOPLE v. HAYNES

70 A.D.3d 718 (2010)

893 N.Y.S.2d 284

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES HAYNES, Appellant.

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

Decided February 2, 2010.

Ordered that the judgment is affirmed.

The defendant contends that his adjudication as a persistent violent felony offender was invalid because the predicate statement filed by the People failed to set forth any tolling periods, while relying on a conviction that was more than 10 years old (see CPL 400.15 [2]). However, his valid waiver of his right to appeal precludes him from challenging the legality of the procedure

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