PEOPLE v. LEON

2019-05873. Ind. No. 18-00202.

200 A.D.3d 717 (2021)

154 N.Y.S.3d 875

2021 NY Slip Op 06704

The People of the State of New York, Respondent, v. Christopher Leon, Appellant.

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

Decided December 1, 2021.


Attorney(s) appearing for the Case

Mark Diamond , New York, NY, for appellant.

Miriam E. Rocah , District Attorney, White Plains, NY ( William C. Milaccio and Jill Oziemblewski of counsel), for respondent.

LaSalle, P.J., Chambers, Miller, Duffy and Wooten, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's waiver of the right to appeal—the validity of which is not challenged—precludes appellate review of his contention that the procedure used to adjudicate him a second felony offender was defective, inasmuch as this challenge goes to the Supreme Court's compliance with procedures to determine the defendant's predicate felony status, rather than the legality of the sentence itself (see People v Meyers...

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