People v. Abdus-Samad

Defendant’s valid waiver of his right to appeal forecloses his claim that he was improperly deprived of a hearing as to the constitutionality of the predicate convictions upon which he was adjudicated a persistent violent felony offender (see People v Moore, 48 AD3d 222 [2008], lv denied 10 NY3d 867 [2008]). The record establishes that defendant discussed the waiver with counsel and understood it. Although by the terms of the waiver, as well as by operation of law, defendant retained the right to challenge the legality of his sentence on appeal, his present claim does not involve legality.…