Opinion
03-16-2017
The PEOPLE of the State of New York, Respondent, v. Jose CAPRIATA, Defendant–Appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Thomas M. Nosewicz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Thomas M. Nosewicz of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for respondent.
Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered May 1, 2012, convicting defendant, upon his plea of guilty, of two counts of criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of six years, unanimously affirmed.
The indictment alleged, and defendant's plea allocution established, that defendant committed a continuing possessory crime (see Johnson v. Morgenthau, 69 N.Y.2d 148, 512 N.Y.S.2d 797, 505 N.E.2d 240 [1987] ) that began when he was 18 but ended when he was 19, and whose elements persisted during that time span. Accordingly, he was not eligible for youthful offender treatment (see People v. White, 131 A.D.3d 891, 892, 16 N.Y.S.3d 731 [1st Dept.2015], lv. denied 26 N.Y.3d 1093, 23 N.Y.S.3d 650, 44 N.E.3d 948 [2015] ), and there was no reason for the court to consider it (see People v. Middlebrooks, 25 N.Y.3d 516, 525, 14 N.Y.S.3d 296, 35 N.E.3d 464 [2015] ). A youthful offender sentence would have been an illegal sentence; accordingly, we find defendant's procedural arguments to be unavailing.
Defendant made a valid waiver of his right to appeal (see People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ), which forecloses review of his excessive sentence claim. Regardless of whether defendant validly waived his right to appeal, we perceive no basis for reducing the sentence.
TOM, J.P., ACOSTA, KAPNICK, KAHN, GESMER, JJ., concur.