Opinion
KA 01-01372.
Decided March 19, 2004.
Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered May 31, 2000. The judgment convicted defendant, upon his plea of guilty, of assault in the first degree and robbery in the first degree (two counts).
MICHAEL J. STACHOWSKI, P.C., BUFFALO (MICHAEL J. STACHOWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (DON I. DALLY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, SCUDDER, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the first degree (Penal Law § 120.10) and two counts of robbery in the first degree (§ 160.15 [1], [2]). The general unrestricted waiver by defendant of the right to appeal encompasses his present contentions concerning the severity of the sentence and the denial of his request for youthful offender status ( see People v. Hidalgo, 91 N.Y.2d 733, 737; People v. Hines, 261 A.D.2d 959; People v. Wagoner, 234 A.D.2d 831). In any event, those contentions lack merit. Defendant received the agreed-upon sentence, and County Court did not abuse its discretion in denying defendant's request for youthful offender status ( see People v. Williams, 307 A.D.2d 760, lv denied 100 N.Y.2d 625).