Opinion
221 KA 14-00957.
03-18-2016
The PEOPLE of the State of New York, Respondent, v. Dequan BAILEY, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of Counsel), for Defendant–Appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of Counsel), for Respondent.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of five counts of robbery in the second degree (Penal Law § 160.101, 2 [b] ) and one count of robbery in the first degree (§ 160.154 ). We conclude that defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Knox, 133 A.D.3d 1257, 1257, 18 N.Y.S.3d 910; see generally People v. Sanders, 25 N.Y.3d 337, 340–341, 12 N.Y.S.3d 593, 34 N.E.3d 344). Contrary to defendant's contention, his waiver of the right to appeal “was not rendered invalid based on [Supreme Court]'s failure to require defendant to articulate [it] in his own words” (People v. Dozier, 59 A.D.3d 987, 987, 872 N.Y.S.2d 317, lv. denied 12 N.Y.3d 815, 881 N.Y.S.2d 23, 908 N.E.2d 931). The waiver encompasses defendant's challenges to the court's refusal to suppress identification testimony (see Sanders, 25 N.Y.3d at 342, 12 N.Y.S.3d 593, 34 N.E.3d 344;People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754), the court's exercise of discretion in denying 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), and the severity of the sentence (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., SMITH, CARNI, NEMOYER, and CURRAN, JJ., concur.