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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 486 (N.Y. App. Div. 1999)

Opinion

Submitted August 17, 1999

October 18, 1999

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Klein, J.).


ORDERED that the judgment is affirmed.

By knowingly, voluntarily, and intelligently waiving his right to appeal in the instant case, the defendant waived review of his present contention that the sentence should be modified to grant him youthful offender adjudication (see, People v. Hidalgo, 91 N.Y.2d 733; People v. Franklin, 261 A.D.2d 900 [4th Dept., May 7, 1999]; People v. Hines, 261 A.D.2d 959 [4th Dept., May 7, 1999]; People v. Watkins, 261 A.D.2d 962 [4th Dept., May 7, 1999]; People v. Williams, 204 A.D.2d 371).

Additionally, the defendant's claim that the court should have adjudicated him a youthful offender is unpreserved for appellate review because he never sought to withdraw his plea on that ground (see, People v. Berry, 233 A.D.2d 336; People v. Williams, supra).

S. MILLER, J.P., SULLIVAN, FRIEDMANN, and FEUERSTEIN, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 486 (N.Y. App. Div. 1999)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE, etc., respondent, v. MARK A. BROWN, appellant. (Ind. No…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 18, 1999

Citations

265 A.D.2d 486 (N.Y. App. Div. 1999)
696 N.Y.S.2d 698