Opinion
112722
03-03-2022
The PEOPLE of the State of New York, Respondent, v. Jack BUCKMAN, Appellant.
O'Connell and Aronowitz, Albany (Stephen R. Coffey of counsel), for appellant. Jason M. Carusone, District Attorney, Lake George (Robert P. McCarty of counsel), for respondent.
O'Connell and Aronowitz, Albany (Stephen R. Coffey of counsel), for appellant.
Jason M. Carusone, District Attorney, Lake George (Robert P. McCarty of counsel), for respondent.
Before: Garry, P.J., Clark, Aarons and Reynolds Fitzgerald, JJ.
MEMORANDUM AND ORDER
Aarons, J.
Appeal from a judgment of the County Court of Warren County (Hall, J.), rendered January 29, 2020, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.
In 2019, defendant pleaded guilty to the crime of sexual abuse in the first degree and waived his right to appeal. County Court denied defendant's request for youthful offender status and sentenced him to a period of six months in jail, followed by 10 years of probation. Defendant appeals.
Defendant argues that County Court abused its discretion in declining to grant him youthful offender status. This argument, however, is foreclosed by defendant's unchallenged appeal waiver (see People v. Pacherille, 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 [2015] ; People v. Matros, 196 A.D.3d 863, 864, 147 N.Y.S.3d 470 [2021] ). Defendant's request that we adjudicate him a youthful offender in the interest of justice is likewise foreclosed by the unchallenged appeal waiver (see People v. Rahim, 78 A.D.3d 1240, 1241, 910 N.Y.S.2d 288 [2010] ; People v. Marziale, 182 A.D.2d 1035, 1036, 583 N.Y.S.2d 36 [1992], lv denied 80 N.Y.2d 835, 587 N.Y.S.2d 919, 600 N.E.2d 646 [1992] ).
Garry, P.J., Clark and Reynolds Fitzgerald, JJ., concur.
ORDERED that the judgment is affirmed.