Opinion
February 7, 2001.
Appeal from Judgment of Niagara County Court, Hannigan, J. — Assault, 2nd Degree.
PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, BURNS AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant pleaded guilty to assault in the second degree (Penal Law § 120.05) in satisfaction of charges arising from an incident involving an armed robbery, and he waived his right to appeal as a condition of the plea bargain ( see, People v Seaberg, 74 N.Y.2d 1, 11). That general waiver encompasses his contentions that County Court abused its discretion in denying his request for youthful offender status ( see, People v. Weston, 275 A.D.2d 915; People v. Franklin, 261 A.D.2d 900, lv denied 94 N.Y.2d 823) and that the sentence is unduly harsh or severe ( see, People v Hidalgo, 91 N.Y.2d 733, 737). In any event, we conclude that the court did not abuse its discretion in denying defendant's request for youthful offender status ( see, People v. Jones, 247 A.D.2d 883, lv denied 91 N.Y.2d 974) and that the sentence is neither unduly harsh nor severe.