Opinion
551 KA 16–00878
04-27-2018
The PEOPLE of the State of New York, Respondent, v. Austin A. HEIDEMAN, Defendant–Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (MICHAEL S. DEAL OF COUNSEL), FOR DEFENDANT–APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (MELISSA L. CIANFRINI OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (MICHAEL S. DEAL OF COUNSEL), FOR DEFENDANT–APPELLANT.
LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (MELISSA L. CIANFRINI OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, LINDLEY, AND NEMOYER, JJ.
MEMORANDUM AND ORDER
Memorandum:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of precursors of methamphetamine ( Penal Law § 220.72 ). Defendant's valid waiver of the right to appeal "forecloses appellate review of [County Court's] discretionary decision to deny [him] youthful offender status" ( People v. Pacherille, 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 [2015] ). Contrary to defendant's contention, the court "was not required to explain that the waiver of the right to appeal would specifically encompass the court's discretionary determination on youthful offender status" ( People v. Saraceni, 153 A.D.3d 1559, 1560, 61 N.Y.S.3d 748 [4th Dept. 2017], lv denied 30 N.Y.3d 913, 2018 WL 943649 [2018] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.