Opinion
2013-11-15
The PEOPLE of the State of New York, Respondent, v. Andrew JOHNSON, Defendant–Appellant.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered September 12, 2011. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree. Susan M. Karalus, Williamsville, for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of Counsel), for Respondent.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered September 12, 2011. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree.
Susan M. Karalus, Williamsville, for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of Counsel), for Respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of robbery*854in the second degree (Penal Law § 160.10[2][b] ). Defendant's valid waiver of the right to appeal encompasses his contention concerning the denial of his request for youthful offender status ( see People v. Elshabazz, 81 A.D.3d 1429, 1429, 916 N.Y.S.2d 883,lv. denied 16 N.Y.3d 858, 923 N.Y.S.2d 420, 947 N.E.2d 1199). In any event, that contention is without merit. “[County] Court carefully considered the request to be considered a youthful offender and stated the reasons for its denial” ( People v. Williams, 37 A.D.3d 1193, 1194, 829 N.Y.S.2d 802), and it cannot be said that the court abused its discretion in denying that request ( see id.; Elshabazz, 81 A.D.3d at 1429, 916 N.Y.S.2d 883;People v. Smith, 286 A.D.2d 878, 878–879, 730 N.Y.S.2d 893,lv. denied 98 N.Y.2d 641, 744 N.Y.S.2d 770, 771 N.E.2d 843).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.