People v. Serva

People v Serva (2025 NY Slip Op 05537) People v Serva 2025 NY Slip Op 05537 Decided on October 8, 2025 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on October 8, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department FRANCESCA E. CONNOLLY, J.P. VALERIE BRATHWAITE NELSON PHILLIP HOM ELENA GOLDBERG VELAZQUEZ, JJ. 2023-07094 (Ind. No. 73880/22) [*1]The People of the State of New York, respondent, v James Serva, appellant. Patricia Pazner, New York, NY (Mark W. Vorkink of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Michael Bierce, and Isaac Rounseville of counsel), for respondent. DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County (Joanne D. Quinones, J.), rendered August 1, 2023, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. Under the totality of the circumstances, the record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545; People v Lopez, 6 NY3d 248; People v Hendricks, 224 AD3d 705, 706). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that his adjudication as a second felony offender violated the principles announced in Erlinger v United States (602 US 821) (see People v Haynes, 70 AD3d 718, 718-719; see also People v Lassiter, 48 AD3d 700; People v Backus, 43 AD3d 409, 410). CONNOLLY, J.P., BRATHWAITE NELSON, HOM and GOLDBERG VELAZQUEZ, JJ., concur. ENTER: Darrell M. Joseph Clerk of the Court