Opinion
612 KA 18-00849
07-17-2020
The PEOPLE of the State of New York, Respondent, v. Zachery AROIX, Defendant-Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SHERRY A. CHASE OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SHERRY A. CHASE OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CARNI, NEMOYER, TROUTMAN, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted murder in the second degree ( Penal Law §§ 110.00, 125.25 [1] ). Preliminarily, we note that defendant's waiver of the right to appeal is invalid (see People v. Cole , 181 A.D.3d 1329, 1330, 121 N.Y.S.3d 766 [4th Dept. 2020] ; People v. Alston , 163 A.D.3d 843, 844-845, 81 N.Y.S.3d 167 [2d Dept. 2018], lv denied 32 N.Y.3d 1062, 89 N.Y.S.3d 117, 113 N.E.3d 951 [2018] ). Contrary to defendant's contention on the merits, however, County Court did not abuse its discretion in declining to grant him youthful offender status (see People v. Nicorvo [Appeal No. 2], 177 A.D.3d 1408, 1409, 114 N.Y.S.3d 541 [4th Dept. 2019] ), and we decline to exercise our interest of justice jurisdiction to adjudicate him a youthful offender (see id. ). Any misconception by the court during the plea hearing regarding defendant's eligibility for youthful offender status was rectified at sentencing, during which the court explicitly found that defendant was eligible for youthful offender treatment and articulated the correct legal standard in declining to exercise its discretion to afford him such treatment (cf. People v. Dhillon , 143 A.D.3d 734, 734-736, 39 N.Y.S.3d 181 [2d Dept. 2016] ; People v. Crimm , 140 A.D.3d 1672, 1673-1674, 34 N.Y.S.3d 285 [4th Dept. 2016] ).