Opinion
554 KA 16–00128
04-27-2018
The PEOPLE of the State of New York, Respondent, v. Torrie JONES, Defendant–Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (MICHAEL S. DEAL OF COUNSEL), FOR DEFENDANT–APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (MICHAEL S. DEAL OF COUNSEL), FOR DEFENDANT–APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, LINDLEY, AND NEMOYER, JJ.
MEMORANDUM AND ORDER
Memorandum:
On appeal from a judgment convicting him upon his plea of guilty of robbery in the third degree ( Penal Law § 160.05 ), defendant contends that his waiver of the right to appeal is invalid. We reject that contention inasmuch as "[t]he plea colloquy and the written waiver of the right to appeal signed [and acknowledged in court] by defendant demonstrate that [he] knowingly, intelligently and voluntarily waived the right to appeal" ( People v. Farrara , 145 A.D.3d 1527, 1527, 42 N.Y.S.3d 915 [4th Dept. 2016], lv denied 29 N.Y.3d 997, 57 N.Y.S.3d 718, 80 N.E.3d 411 [2017] [internal quotation marks omitted]; see People v. Lopez , 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ). Contrary to defendant's contention, County 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] ; see generally People v. Kemp , 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 [1999] ). Thus, defendant's "valid waiver of the right to appeal ... forecloses appellate review of [the] sentencing court's discretionary decision to deny youthful offender status" ( People v. Pacherille , 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 [2015] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.