People v. Simpson

Summary

The Appellate Division, Second Department affirmed a judgment convicting Valdez Simpson of attempted assault in the first degree following his guilty plea. The court held that Simpson's valid waiver of the right to appeal precluded review of his constitutional challenge to his adjudication as a second felony offender under Erlinger v. United States.

Holdings

1. A valid waiver of the right to appeal precludes appellate review of a challenge to the constitutionality of the defendant's adjudication as a second felony offender when the challenge concerns the procedures used to determine predicate felony status rather than the legality of the sentence itself.

Questions Presented

1. Whether the defendant's valid waiver of the right to appeal precluded appellate review of his constitutional challenge to his adjudication as a second felony offender under Erlinger v. United States.

Disposition

affirmed