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People v. Rooker

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 17, 2017
155 A.D.3d 1659 (N.Y. App. Div. 2017)

Opinion

1247 KA 15-00943.

11-17-2017

The PEOPLE of the State of New York, Respondent, v. Nathanal J. ROOKER, Defendant–Appellant.

Williams Heinl Moody Buschman, P.C., Auburn (Mario J. Gutierrez of Counsel), for defendant-appellant. Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of Counsel), for respondent.


Williams Heinl Moody Buschman, P.C., Auburn (Mario J. Gutierrez of Counsel), for defendant-appellant.

Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of Counsel), for respondent.

MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of rape in the third degree ( Penal Law § 130.25[3] ). Contrary to defendant's contention, we conclude that defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ) and, because County Court discussed the possibility of adjudicating defendant a youthful offender during the plea colloquy (see People v. Daigler, 148 A.D.3d 1685, 1686, 51 N.Y.S.3d 278 [4th Dept.2017] ; cf. People v. Anderson, 90 A.D.3d 1475, 1475–1476, 935 N.Y.S.2d 237 [4th Dept.2011], lv. denied 18 N.Y.3d 991, 945 N.Y.S.2d 646, 968 N.E.2d 1002 [2012] ), that waiver encompasses defendant's challenge to the denial of his request for youthful offender status (see People v. Pacherille, 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 [2015] ).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

CARNI, J.P., LINDLEY, DEJOSEPH, TROUTMAN, and WINSLOW, JJ., concur.


Summaries of

People v. Rooker

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 17, 2017
155 A.D.3d 1659 (N.Y. App. Div. 2017)
Case details for

People v. Rooker

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Nathanal J. ROOKER…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Nov 17, 2017

Citations

155 A.D.3d 1659 (N.Y. App. Div. 2017)
63 N.Y.S.3d 924