PEOPLE v. RODRIGUEZ

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Ramos, 7 NY3d 737, 738; People v Lopez, 6 NY3d 248, 257"). As a result, the defendant's challenge to the persistent violent felony offender statute ( see Penal Law §§ 70.04, 70.08) is foreclosed from appellate review ( see People v Haynes, 70 AD3d 718, 719; People v Lassiter, 48 AD3d 700). The defendant's valid waiver of his right to appeal also bars his challenge to his sentence as constituting cruel and unusual punishment ( see People v Vega, 24 AD3d 1260; People v Santilli, 16 AD3d 1056, 1057; People v Hidalgo, 283 AD2d 154; People v Brathwaite, 263 AD2d 89, 92).