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People v. Furbeck

Supreme Court, Appellate Division, Fourth Department, New York.
Mar 31, 2017
148 A.D.3d 1808 (N.Y. App. Div. 2017)

Opinion

03-31-2017

The PEOPLE of the State of New York, Respondent, v. Joshua M. FURBECK, Defendant–Appellant.

Amdursky, Pelky, Fennell & Wallen, P.C., Oswego (Courtney S. Radick of Counsel), for defendant-appellant. Gregory S. Oakes, District Attorney, Oswego (Amy L. Hallenbeck of Counsel), for respondent.


Amdursky, Pelky, Fennell & Wallen, P.C., Oswego (Courtney S. Radick of Counsel), for defendant-appellant.

Gregory S. Oakes, District Attorney, Oswego (Amy L. Hallenbeck of Counsel), for respondent.

MEMORANDUM:Defendant appeals from a judgment convicting him, upon his plea of guilty, of grand larceny in the fourth degree (Penal Law § 155.30 [4] ). We reject defendant's contention that he did not knowingly, voluntarily, and intelligently waive his right to appeal. County Court engaged defendant "in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice" (People v. Ripley, 94 A.D.3d 1554, 1554, 942 N.Y.S.2d 919, lv. denied 19 N.Y.3d 976, 950 N.Y.S.2d 359, 973 N.E.2d 769 [internal quotation marks omitted]; see People v. Marshall, 144 A.D.3d 1544, 1545, 41 N.Y.S.3d 337 ), and " ‘ [d]efendant's responses to County Court's questions unequivocally establish that defendant understood the proceedings and was voluntarily waiving the right to appeal’ " (People v. Buryta, 85 A.D.3d 1621, 1622, 924 N.Y.S.2d 894 ). Defendant's valid waiver of the right to appeal encompasses his contention that the court abused its discretion in denying his request for youthful offender status (see People v. Jones, 96 A.D.3d 1637, 1637, 946 N.Y.S.2d 797, lv. denied 19 n.y.3d 1103, 955 n.y.s.2d 559, 979 n.e.2d 820 ; People v. Rush, 94 A.D.3d 1449, 1449–1450, 942 N.Y.S.2d 844, lv. denied 19 N.Y.3d 967, 950 N.Y.S.2d 119, 973 N.E.2d 217 ; cf. People v. Matsulavage, 121 A.D.3d 1581, 993 N.Y.S.2d 423, lv. denied 24 N.Y.3d 1045, 998 N.Y.S.2d 315, 23 N.E.3d 158 ).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

WHALEN, P.J., LINDLEY, NEMOYER, CURRAN, and TROUTMAN, JJ., concur.


Summaries of

People v. Furbeck

Supreme Court, Appellate Division, Fourth Department, New York.
Mar 31, 2017
148 A.D.3d 1808 (N.Y. App. Div. 2017)
Case details for

People v. Furbeck

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Joshua M. FURBECK…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Mar 31, 2017

Citations

148 A.D.3d 1808 (N.Y. App. Div. 2017)
49 N.Y.S.3d 338