Opinion
12-09-2015
The PEOPLE, etc., respondent, v. Christian YAMMIE, appellant.
Seymour W. James, Jr., New York, N.Y. (Ellen Dille of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel; Thomas Rizzuti on the memorandum), for respondent.
Seymour W. James, Jr., New York, N.Y. (Ellen Dille of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel; Thomas Rizzuti on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from so much of a sentence of the Supreme Court, Kings County (Foley, J.), imposed April 16, 2013, as, upon imposing sentence upon his plea of guilty, denied him youthful offender treatment.
ORDERED that the sentence is affirmed insofar as appealed from.
The record demonstrates that the defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; cf. People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentencing court should have sentenced him as a youthful offender (see People v. Pacherille, 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 ; People v. Drammeh, 100 A.D.3d 650, 953 N.Y.S.2d 274 ; People v. Franko, 98 A.D.3d 525, 948 N.Y.S.2d 911 ).
ENG, P.J., RIVERA, HALL, HINDS–RADIX and BARROS, JJ., concur.