Opinion
2012-08-1
The PEOPLE, etc., respondent, v. Christopher FRANKO, appellant.
Joseph A. Hanshe, Sayville, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.
Joseph A. Hanshe, Sayville, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered February 14, 2011, convicting him of conspiracy in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The record demonstrates that the defendant knowingly, intelligently, and voluntarily waived his right to appeal ( see People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145;cf. People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentencing court should have sentenced him as a youthful offender ( see People v. Holland, 91 A.D.3d 672, 935 N.Y.S.2d 899;People v. Billings, 60 A.D.3d 961, 962, 874 N.Y.S.2d 826;People v. Valentin, 15 A.D.3d 424, 788 N.Y.S.2d 864).