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.